Balram Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66083 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== BALRAM MANDAL SON OF ANIRUDH MANDAL RESIDENT OF VILLAGE RASIDPUR DIYARA AT PRESENT MAHASAY DYODHI JHOPARPATTI PS NATH NAGAR DIST- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Nath Nagar P.S. Case no.183 of 2023 registered under sections 489A, 489B, 489C, 489D, 420 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that secret information was received about the petitioner indulging in trade of illicit liquor as also printing of fake currency notes. A raid was conducted and two accused persons managed to escape. The petitioner was identified amongst the person who managed to escape by the Chowkidar. On search of the house of the petitioner and one another, 5 litres of country

Patna High Court CR. MISC. No.66083 of 2023(2) dt.19-10-2023 2/2 liquor and fake currency notes to the tune of Rs.2,04,100/ was recovered.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He was not arrested at the spot. No independent witness has supported the prosecution case. He has been falsely implicated in the case at the instance of the Chowkidar who is on inimical terms with him. The petitioner is in custody since 14.6.2023 and chargesheet has been submitted in the case. He has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. according to which on the raid being conducted in the house/hutment of the petitioner, 5 litres of liquor and fake currency notes to the tune of Rs.2,04,100/ was recovered, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T