Shrawan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7582 of 2023 Arising Out of PS. Case No.-312 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== 1.

Shrawan Kumar Mandal Son Of Sumindra Mandal @ Samundar Mandal R/V- Chaturbhuj Piprahi, P.S-Laukaha, Dist- Madhubani 2.

Suraj Kumar Son Of Vishesar Ram R/V- Chaturbhuj Piprahi, P.S-Laukaha, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner prayed for regular bail in connection with Laukaha P.S. Case no. 312 of 2022 instituted for the offence under Sections 272, 273/34 of the Indian penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 69 liters Kasturi Nepali country made liquor, which recovered from Glamour motorcycle bearing Reg. No. BR50Q6820 after that this case has been lodged against these petitioners.

Patna High Court CR. MISC. No.7582 of 2023(2) dt.11-04-2023 2/3 Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case due to village politics. Petitioners have no concern with the alleged recovered wine, motorcycle or with the place of occurrence. No any incriminating article has been recovered from their possession. They have got no criminal antecedent. The petitioners are languishing in judicial custody since 29.11.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) each in the District Legal Services Authority of concerned District.

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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Laukaha P.S. Case No. 312 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.7582 of 2023(2) dt.11-04-2023 3/3 Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani.

The bail bonds of the petitioners shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five Thousand) each by the petitioners in the account of the concerned DLSA. (Sunil Kumar Panwar, J) Manish/- U T