Shankar Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67455 of 2021 Arising Out of PS. Case No.-248 Year-2021 Thana- KASBA District- Purnia ====================================================== 1.
SHANKAR KUMAR MANDAL S/o Arun Mandal R/o- Vill- Durgapatti, P.S. - Khutauna, District - Madhubani.
2.
Ram Bahadur Mandal @ Ram Bahadur Singh @ Nitish S/o Ram Chandra Singh @ Ram Chandra Mahto R/o- Village - Pathrahi, P.S. - Ladaniya, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-03-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Petitioners seek bail in connection with Kasba P.S. Case No. 248/ 2021 registered for the offences punishable under Sections 272, 273/ 34 of the IPC and Sections 30(a), 38(i), 41(i) of Bihar Prohibition and Excise Act. There is recovery of total 1338.750 litres of illicit foreign liquor.
Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.67455 of 2021(2) dt.08-03-2022 2/3 petitioners have clean antecedent and they have falsely been implicated in the present case only on the basis of suspicion. He further submits that nothing has been recovered from conscious possession of the petitioners rather the recovery has been made from the truck and scorpio in question. He further submits that co-accused Prem Kumar Yadav and Ravi Kumar have been granted bail by this court vide order dated 08.03.2022 passed in Cr. Misc. No. 66868 of 2021 and the petitioners are in custody since 22.10.2021.
The learned Additional Public Prosecutor opposed the prayer of bail.
Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Purnea in connection with Kasba P.S. Case No. 248/ 2021, subject to the following conditions:-
1. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason,
Patna High Court CR. MISC. No.67455 of 2021(2) dt.08-03-2022 3/3 their bail bond shall be cancelled by the Court below.
2. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) shahzad/- U T