Patna High CourtCR. MISC./62950/2024bail granted

Rajesh Mandal v. The State Of Bihar

2024-09-19Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62950 of 2024 Arising Out of PS. Case No.-169 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== Rajesh Mandal, aged about 25 years, Male, Son of Late Sukul Mandal, R/o Village- Jihulee, P.S.- Patahi, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Alok Kumar Alok, Advocate For the Opposite Party :

Mr. Kanhiya Kishor, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sheohar P.S. Case No. 169 of 2024 dated 12.06.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 233.700 litres of Nepali country made liquor was recovered from the car and from the said car, the petitioner and the co-accused Sunil Kumar were apprehended.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the said car from which the alleged

Patna High Court CR. MISC. No.62950 of 2024(2) dt.19-09-2024 2/3 liquor was recovered does not belong to the petitioner. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged offence. It is submitted that the other co-accused person, namely, Sunil Kumar, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 54474 of 2024 under order dated 30.07.2024, annexed as Annexure-2 to the present bail application. The petitioner has six criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 13.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Sheohar in connection with Sheohar P.S. Case No. 169 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which

Patna High Court CR. MISC. No.62950 of 2024(2) dt.19-09-2024 3/3 on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T