Ram Nath Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2080 of 2023 Arising Out of PS. Case No.-126 Year-2021 Thana- ANDHRAMATH District- Madhubani ====================================================== RAM NATH MANDAL SON OF CHUNCHUN MANDAL R/O VILLAGEGADHIYA, P.S.- ANDHRAMATH, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 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 sections 272, 273 of the IPC and 30(a) Bihar Prohibition and Excise Amendment Act.

It is a case of recovery of total 117 liters of Nepali country made liquor from the possession of petitioner along with co-accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of arrested co-accused Mahesh Kumar Chaupal. Nothing incriminating articles have been recovered

Patna High Court CR. MISC. No.2080 of 2023(2) dt.28-03-2023 2/2 from his conscious possession and not a single witness has supported the prosecution case. Similarly situated co-accused Mahesh Kumar Chaupal @ Mahesh Kumar has already been granted bail by a coordinate Bench of this Court vide order dated 20.05.2022 passed in Cr. Misc. No. 3565 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 24.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Andhramath P.S. Case No. 126 of 2021 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 Act Jhanjharpur, District Madhubani. (Sunil Kumar Panwar, J) Manish/- U T