Ganesh Mandal @ Mikal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72678 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- Aunsi District- Madhubani ====================================================== 1.
Ganesh Mandal @ Mikal S/o- Nathuni Mandal Resident of villageChapariya Ps- Bisfi District-Madhubani 2.
Shambhu Sahani Son of Late Asharfi Sahni Resident of village- Khokhani Ps- Bisfi District-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 405 liters of Nepali liquor is said to have been recovered from the place of occurrence. He submits that the local Chowkidar disclosed the name of the petitioner. Petitioner no. 1 has one criminal antecedent and petitioner no. 2 has no criminal antecedent as mentioned in para-3 of this application.
Patna High Court CR. MISC. No.72678 of 2024(2) dt.29-10-2024 2/3
4. Petitioner no. 1 is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) and petitioner no. 2 is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in the account of Mahavir Cancer Sansthan, Patna, bearing Account No. 3332964762, IFSC Code: CBIN0282779 (fifth character is zero), MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
5. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of eight weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Aunsi P.S. Case No. 28 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that:
(i) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wife. (ii) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.
6. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the
Patna High Court CR. MISC. No.72678 of 2024(2) dt.29-10-2024 3/3 aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.
(Anjani Kumar Sharan, J) devendra/- U T