Ram Bahadur Mandal @ Bahadur Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66081 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== Ram Bahadur Mandal @ Bahadur Mandal Son Of Kapileshwar Mandal Resident Of Village -Tarapatti, P.S. - Khajauli, District - Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Miss Kusum Rani For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

Prosecution case relates to recovery of 108 litres of Nepali country made liquor near canal which is the northen part of the house of the petitioner. On seeing the police party, petitioner managed to escape.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery. The recovery has been made from outside of the house of the

Patna High Court CR. MISC. No.66081 of 2023(2) dt.31-10-2023 2/2 petitioner, which is an open area. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. He is languishing in judicial custody since 3.8.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Khajauli P.S. Case No. 34 of 2023.

(Sunil Kumar Panwar, J) sushma/- U