Raman Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69650 of 2021 Arising Out of PS. Case No.-162 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== RAMAN KUMAR MANDAL Son of Sri Mithilesh Mandal Resident of Village- Jhanjharpur, P.S.- Jhanjharpur, District- Madhubani. ... ... Petitioner
Versus
The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Pradeep Narain Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with C-1 Complain Case No. 162 of 2021, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The allegation is recovery of 179.520 litres of Indian Made Foreign Liquor of different brands from Maruti car bearing registration No. DL02C41495. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that petitioner has clean antecedent and he is not the owner of the said vehicle. The
Patna High Court CR. MISC. No.69650 of 2021(2) dt.20-05-2022 2/3 petitioner is in custody since 06.09.2021.
Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner and submits that it would not be in the interest of the society to release the petitioner on bail as after consuming country made liquor hooch tragedy is rampant in the State of Bihar.
The District Transport Officer, Purnea is directed to furnish a report with respect to the car bearing registration No. Maruti car bearing registration No. DL02C41495. The report should also contain the name of the owner of the vehicle and if the petitioner is not owner of the said vehicle, the same should be communicated to the learned Special Judge, Excise, Purnea before whom the case is pending and information to that effect is also directed to be submitted before the Additional Chief Secretary, Prohibition and Excise, Bihar. The Superintendent of Police, Purnea based on a report based on a report of the I.G/Prohibition shall take all legal action against all the accused persons who are running the illicit trade of liquor in the State of Bihar. The District Transport Officer, Purnea is directed to submit his report before the learned Special Judge, Excise, Purnea within seven days from the date of communication of the order.
Patna High Court CR. MISC. No.69650 of 2021(2) dt.20-05-2022 3/3 The Court below is directed to release the petitioner, above named, if he is satisfied that the alleged vehicle is not registered in the name of above named petitioner, on furnishing bail bond of Rs. 1,00,000/- (Rs. One Lakh) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Purnea in connection with C-1 Complain Case No. 162 of 2021, on such terms and conditions as fixed by the Court below.
Accordingly, this application stands disposed of. (Purnendu Singh, J) manish/- U T