Santosh Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55930 of 2024 Arising Out of PS. Case No.-229 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== Santosh Kumar Mandal, Male, age 35 years, son of Mahendra Mandal, Resident of Moh- Ward No-3, Khadi Gram Udyog Jainagar Ps- Jainagar DistMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saroj Kumar, Advocate For the Opposite Party/s :
Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-08-2024 Heard Mr. Saroj Kumar, learned counsel appearing on behalf of the petitioner and Ms. Meena Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Harlakhi P.S. Case No. 229/2022 registered for the offence(s) punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, 90 litres of illicit liquor was recovered from two sacks, allegedly kept on a motorcycle, belonging to the petitioner.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.55930 of 2024(2) dt.31-08-2024 2/3 been implicated in the present case. Learned counsel further submitted that the said motorcycle was already sold by the petitioner earlier to one Md. Shamshad but he did not get the vehicle transferred in his name and petitioner has no concern either with the seized vehicle or alleged recovered liquor. Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Harlakhi P.S. Case No. 229 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will
Patna High Court CR. MISC. No.55930 of 2024(2) dt.31-08-2024 3/3 automatically lose its force.
(Purnendu Singh, J) Sanjay/- U