Patna High CourtCR. MISC./65211/2023allowed

Umesh Mandal v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65211 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Umesh Mandal Son Of Chhotelal Mandal R/O Vill - Sakhua, Auraha, P.S. - Laukahi (Narhiya O.P.), Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 396 liters of Nepali liquor in plastic bags from Mango orchard and this petitioner is said to be involved in illegal sale of liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and also he was not apprehended on spot. He has no concern with the seized

Patna High Court CR. MISC. No.65211 of 2023(2) dt.12-10-2023 2/2 liquor. Moreover, he is languishing in judicial custody since 05.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laukahi (Narhiya O.P.) P.S. Case No. 57 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur. (Sunil Kumar Panwar, J) shubham/- U T