Jyotish Mandal @ Jyotish Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57172 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- Bathnaha District- Araria ====================================================== Jyotish Mandal @ Jyotish Kumar Mandal son of Gopal Mandal Villagekochgama, ward no. 18, ps- Bathnaha, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bathnaha P.S. Case no. 17 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

3. As per prosecution case, there is recovery of eight liters liquor from co-accused Rahul Kumar Mandal who was apprehended on spot. He disclosed the name of the petitioner that he was also involved in the occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to village politics. Petitioner was not present on spot

Patna High Court CR. MISC. No.57172 of 2024(2) dt.04-09-2024 2/2 and he has no concern with the seized liquor. Nothing has been recovered from his conscious possession or from his house. The petitioner has no criminal antecedent. He undertakes to cooperate in the investigation and trial of this case.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bathnaha P.S. Case no. 17 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Dutta Mishra, J) sushma/- U