Patna High CourtCR. MISC./75355/2024bail granted

Kusum Lal Mandal v. The State Of Bihar

2024-11-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75355 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== Kusum Lal Mandal Son of Rameshwar Mandal Resident of Village- Pathrahi, P.S.- Ladaniya, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jaishankar Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-11-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Khutauna P.S. Case no. 57 of 2024 registered under sections 272, 273 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 1.8 litres of country liquor was recovered and two persons were taken into custody.

4. Learned counsel for the petitioner submits that the persons who were taken into custody are the son of the petitioner and a friend of his son. The petitioner has been falsely implicated in the case subsequently for the reason that he happens to be the registered owner of the vehicle in question. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.75355 of 2024(2) dt.13-11-2024 2/2 petitioner's possession. He has no criminal antecedent and undertakes to cooperate in the case/trial.

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., no incriminating article having been recovered from the petitioner's possession and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Khutauna P.S. Case no. 57 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Jhanjharpur, Madhubani.

(Partha Sarthy, J) Harsh/- U T