Lochan Mandal @ Ramlochan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64081 of 2024 Arising Out of PS. Case No.-265 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Lochan Mandal @ Ramlochan Mandal S/o Late Devan Mandal R/o Village Ward 12, Dhamaura, Police Station- Babubarhi, District Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Soban Asghar, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.
3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 1 liters of country made liquor is said to have been recovered from the Murhi Kanjari shop. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The place of
Patna High Court CR. MISC. No.64081 of 2024(2) dt.03-10-2024 2/3 recovery is an open place and easily accessible to anyone. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery. Petitioner has two criminal antecedents but not of the similar nature of the offence as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No.3332964762, Central Bank of India, Chitkohra Branch, IFSC Code :CBIN0282779 (fifth character is zero), MICR Code :800016018.
5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Babubarhi P.S. Case No. 265 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
Patna High Court CR. MISC. No.64081 of 2024(2) dt.03-10-2024 3/3 (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) Trivedi/- U T