Patna High CourtCR. MISC./79474/2024allowed

Govind Mandal @ Govind Beldar @ Govind Kumar Mandal @ Gobind Kumar Mandal v. The State Of Bihar

2024-11-28Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79474 of 2024 Arising Out of PS. Case No.-59 Year-2024 Thana- PALASI District- Araria ====================================================== Govind Mandal @ Govind Beldar @ Govind Kumar Mandal @ Gobind Kumar Mandal S/O Sinheshwar Mandal @ Gulab Beldar R/O Balua, Dhapadi, Ward No. 01, PS Palasi, District Araria, Bihar 854333 ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Siddhi Ashnana, Adv.

Mr. Kumar Ravish, Adv.

For the State :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Palasi P.S. Case no. 59 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. The case of the prosecution is that altogether 28.8 liters of Nepali liquor was recovered from the courtyard of petitioner's house.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.79474 of 2024(2) dt.28-11-2024 2/2 case. It has been argued by the learned counsel for the petitioner that petitioner is a labourer and he does not live in his house rather he works in Punjab. It has been submitted that the house is a joint house. A statement has been made in para-3 of this petition that the petitioner has criminal antecedent of two cases out of which one is of similar nature.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Palasi P.S. Case No. 59 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-II, Araria subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Suruchi/- U T