Om Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64696 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- RS P.S. District- Madhubani ====================================================== Om Prakash Mandal Son of Ram Prasad Mandal Resident of Village- Behat Tola, Dubanbona, Police Station - R.S. Jhanjharpur, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with R.S. Jhanjharpur P.S. Case No. 61 of 2024, registered for the offences punishable under Sections 274, 275, 3(5) of B.N.N.S. Act and 30(a) of the Bihar Prohibition and Excise Act 2022.

3. As per allegation, total 224.625 litres of illicit wine has been recovered from the joint house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He is a person of clean antecedent. He is under custody since 09.08.2024.

5. On the other hand, learned APP for the State has

Patna High Court CR. MISC. No.64696 of 2024(2) dt.18-09-2024 2/2 opposed the prayer for bail of the petitioner.

6. Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur in connection with R.S. Jhanjharpur P.S. Case No. 61 of 2024 , subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

7. Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case except the present one, his bail bond shall not be accepted. It is hereby made clear that the criminal antecedent of the petitioner must be verified within one month from the date of receipt of this order.

(Nawneet Kumar Pandey, J) priyanka/- U T