Patna High CourtCR. MISC./75392/2022allowed

Mohan Kumar Mandal v. The State Of Bihar

2023-02-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75392 of 2022 Arising Out of PS. Case No.-323 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul ====================================================== MOHAN KUMAR MANDAL Son of Surendra Mandal @ Fuddi Mandal R/V- Raniganj, P.S- Birpur, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 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 total 145.5 liters country made liquor from two sacks.

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. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. No any incriminating article has been recovered from his conscious or constructive

Patna High Court CR. MISC. No.75392 of 2022(2) dt.25-02-2023 2/2 possession. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 14.9.2022.

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 Excise Case No. 1017 of 2022 arising our of Supaul Excise P.S. Case No. 323 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 Exclusive Special Judge, Excise, Coiurt No.-2, Civil Court, Supaul.

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