Patna High CourtCR. MISC./72006/2024bail granted

Laxmi Mandal v. The State Of Bihar

2024-10-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72006 of 2024 Arising Out of PS. Case No.-233 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Laxmi Mandal S/o- Ram Sunder Mandal Resident of Village- Dulli Pati, P.S. Jainagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-10-2024 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 Jaynagar P.S. Case No. 233 of 2024 corresponding to G.R. No. 1176/2024 dated 20.08.2024 registered for the offences punishable u/ss 274 and 275 of the B.N.S. and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 243.92 litres of illicit Nepali foreign and country made liquor were recovered from the house and straw house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.72006 of 2024(2) dt.05-10-2024 2/2 this case. The recovery has been made from the joint house and the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has four criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 21.08.2024.

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, Madhubani in connection with Jaynagar P.S. Case No. 233 of 2024 corresponding to G.R. No. 1176/2024.

7. The application stands allowed.

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