Mangal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60850 of 2021 Arising Out of PS. Case No.-107 Year-2021 Thana- PUPRI District- Sitamarhi ====================================================== Mangal Mandal S/O Bindeshwar Mandal R/O Village-Awapur North, P.SPupri, District-Sitamarhi. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-03-2022 Heard.

The petitioner seeks regular bail in connection with Pupri P.S. Case No. 107 of 2021, registered for the offence punishable under sections 30(A) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 141.480 liters of illicit liquor from the under construction house of the co-accused person namely Bindeshwar Das. The name of the petitioner is stated to have transpired in the confessional statement of the co-accused person namely Mangal Das. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 23.07.2021. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.60850 of 2021(2) dt.30-03-2022 2/2 further submitted that neither the place from where the illicit liquor has been recovered belongs to the petitioner nor the petitioner has been arrested from the spot, hence, he has no complicity in the matter.

Per contra, Mr. Anita Kumari Singh, the learned APP for the State, has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor from his house, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of A.D.J.-II-cum- Special Judge, Excise Act, Sitamarhi in connection with Pupri P.S. Case No. 107 of 2021. (Mohit Kumar Shah, J) Tiwary/- U