Ram Sunder Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77165 of 2024 Arising Out of PS. Case No.-325 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Ram Sunder Mandal S/o- Late Chandeshwar Mandal Village- Rajnagar Ganj, P.s. - Rajnagar, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rajnagar PS Case No. 325 of 2024 instituted for the offences under Sections 274 & 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 58.8 liters of Nepali liquor was recovered from pond.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Petitioner was

Patna High Court CR. MISC. No.77165 of 2024(2) dt.26-10-2024 2/2 merely present on the spot. The petitioner is in custody since 2308-2024 and has got two criminal antecedents. There is no compliance of Section 103 of BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajnagar PS Case No. 325 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T