Patna High CourtCR. MISC./70281/2024bail granted

Rajesh Mandal v. The State Of Bihar

2024-09-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70281 of 2024 Arising Out of PS. Case No.-447 Year-2024 Thana- Excise P.S. District- Lakhisarai ====================================================== Rajesh Mandal Son of Naresh Mandal Resident of Village- Shyam Tola Govind Bigha, P.S. Lakhisarai, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shaukat Alam, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Lakhisarai Excise P.S. Case No. 447c2 of 2024 dated 03.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 45 litres of illicit country made liquor was recovered from the Rickshaw.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the driver of the seized Rickshaw. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedents in which he is on bail

Patna High Court CR. MISC. No.70281 of 2024(2) dt.30-09-2024 2/2 as stated in para 3 of the bail petition. The petitioner is in custody since 25.06.2024.

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 abovenamed, 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 Court concerned, Lakhisarai in connection with Excise P.S. Case No. 447c2 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T