Ram Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55522 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== RAM PRAKASH MANDAL, aged about 50 years, Male, S/o Late Pulkit Mandal, R/o village- Barhichatra Tola, P.S.- Jaynagar, District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Subhash Kumar Jha, Advocate.

For the Opposite Party :

Mr.Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 07.06.2019 in a case for the offence registered under Sections 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 39 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 39 liters wine is recovered from the Motorcycle in question. The petitioner is alleged to be owner of the said Motorcycle. The

Patna High Court CR. MISC. No.55522 of 2019(2) dt.03-09-2019 2/2 petitioner has given the said Motorcycle to his relative for his personal work. The petitioner is not named in the F.I.R. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-2nd-cum-Special Judge, Excise Act, Madhubani, in connection with Jaynagar P.S. Case No. 79 of 2019, corresponding to G.R. No. 303 of 2019.

(Sudhir Singh, J) U.K./- U T