Sujit Mandal @ Sujeet Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60516 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- CHAKAI District- Jamui ====================================================== Sujit Mandal @ Sujeet Mandal son of Rameshwar Mandal village- Ghasitari Ps- Simultalla, Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Adv.
For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 272 and 273 of the Indian Penal Code and section 30(a) Bihar Prohibition and Excise Act.
3. Prosecution case relates to recovery of 549 litres IMFL from pickup van kept hidden in cartoon.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Nothing has been recovered from conscious possession of the petitioner. He has no concern either with the seized liquor or with the vehicle. During course of investigation, police examined several
Patna High Court CR. MISC. No.60516 of 2024(2) dt.02-09-2024 2/2 witnesses but except the police personnel, no independent witness has supported the prosecution version. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner has got no criminal antecedent and languishing in judicial custody since 22.6.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court-I, Jamui in connection with Chakai P.S. Case No. 104 of 2024 but his bail bonds shall be accepted after period of two months, subject to the condition that petitioner shall cooperate in the disposal of trial and be available as and when required by he court.
(Nawneet Kumar Pandey, J) sushma/- U T