Patna High CourtCR. MISC./74639/2022allowed

Ganga Mandal v. The State Of Bihar

2023-01-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74639 of 2022 Arising Out of PS. Case No.-185 Year-2022 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== GANGA MANDAL Son of Late Rampukar Mandal R/o Village - Dahiyar, P.S.- Shivaji Nagar, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Narayan For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 37.260 liters foreign liquor from Samastipur Railway station. 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 present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the

Patna High Court CR. MISC. No.74639 of 2022(2) dt.13-01-2023 2/2 place of occurrence. No any incriminating article has been recovered from his conscious or constructive possession. The petitioner is languishing in judicial custody since 22.11.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Samastipur Rail P.S. Case No. 185 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court-II, Samastipur.

(Sunil Kumar Panwar, J) amandeep/- U T