Rahul Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52488 of 2022 Arising Out of PS. Case No.-390 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Rahul Mandal S/o Devendra Mandal Resident of Village- Unsher Baliya Indrajeet, P.S.- Bochahan, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 390 of 2021 registered for the offence under Sections 272, 273, 420, 467, 468, 471, 414, 120(B)/34 of Indian Penal Code and under Section 30(a)/36/41 of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 24.06.2022.
The allegation against the petitioner is to be engaged
Patna High Court CR. MISC. No.52488 of 2022(2) dt.14-10-2022 2/3 in illegal trading/manufacturing of illicit liquor, where, there was recovery of 1869.840 litres of illicit IMFL/country made liquor.
Learned counsel appearing on behalf of the petitioner submitted that name of petitioner surfaced on the basis of confessional statement of co-accused namely, Amodh Sah in furtherance of which no recovery of illicit liquor was made from physical possession of this petitioner which may connect him with present set of recovery of illicit liquor. It is further submitted that petitioner involved in one more case of similar nature where, he is on bail. While concluding the argument, it has been submitted that investigation of this case has been completed, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor was not made from conscious physical possession of this petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Ahiyapur P.S. Case No. 390 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.52488 of 2022(2) dt.14-10-2022 3/3 of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-1, Muzaffarpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Archana/- U T