Patna High CourtCR. MISC./54418/2024bail granted

Umesh Mandal v. The State Of Bihar

2024-07-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54418 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- KURSAILA District- Katihar ====================================================== Umesh Mandal SON OF ETWARI MANDAL VILLAGE- MALINIYA, PSKURSELA, DIST- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad Sah, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kursela P.S. Case No. 98 of 2024 dated 06.06.2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 384 litres of illicit foreign liquor was recovered from the Baswari (Bamboo orchard).

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.54418 of 2024(2) dt.25-07-2024 2/2 possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The name of the petitioner has sprung up in this case in the confessional statement of co-accused Niranjan Kumar and Vedanandan Mandal. The similarly situated co-accused person has been granted bail vide order dated 16.07.2024 in Cr. Misc. No. 50775 of 2024. The petitioner has no criminal antecedent. The petitioner is in custody since 08.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Kursela P.S. Case No. 98 of 2024

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T