Ram Bahadur Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60630 of 2022 Arising Out of PS. Case No.-206 Year-2022 Thana- LAUKAHI District- Madhubani ====================================================== RAM BAHADUR MANDAL, male, aged about 46 years, Son of Guddar Mandal R/V- Sakhua, P.S- Laukahi, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Namrata Mishra, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 This matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Laukahi P. S. Case No. 206 of 2022, registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Sections 30(a), of the Bihar Prohibition and Excise Act, 2018. 144 litres Nepali country made liquor has been recovered near the Indo Nepal border. Allegation is that the petitioner has dumped the bag in which the illicit liquor was contained and was fleeing away.

The learned counsel for the petitioner submits that petitioner has no connection with the bag or illicit liquor. He has been framed in this case because he was present at the time of recovery. The petitioner has one antecedent, as per disclosure made in para 3 of the bail petition, and he is in custody since 11-08-2022. The learned APP for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.60630 of 2022(3) dt.13-01-2023 2/2 Considering the rival submissions, manner of recovery, nature of allegation and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise Act), Jhanjharpur, in connection with Laukahi, P. S. Case No. 206 of 2022, corresponding to GR No. 679 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T