Hari Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.690 of 2023 Arising Out of PS. Case No.-217 Year-2022 Thana- KALUAHI District- Madhubani ====================================================== HARI MANDAL Son of Late Vilat Mandal Resident of village - Laxmipur South, P.S.- Kaluahi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Rajesh Kumar :

Mr. Gagan Deo Yada For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 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, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution story, after getting secret information, the informant along with police personnel raided the house of the petitioner and arrested him. Upon search, total 171 liters of illicit liquor has been recovered from his house. 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

Patna High Court CR. MISC. No.690 of 2023(2) dt.27-03-2023 2/2 statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted vide para 11 of the petition that the petitioner is disable person and he has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 11.11.2022.

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 Kaluahi P.S. Case No. 217 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 Additional Sessions Judge-IIcum-Special Judge, Excise Act, Madhubani. (Sunil Kumar Panwar, J) Amandeep/- U T