Patna High CourtCR. MISC./80918/2024bail granted

Sudhir Mandal @ Sudhir Kumar Mandal v. The State Of Bihar

2024-12-04Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80918 of 2024 Arising Out of PS. Case No.-188 Year-2024 Thana- BISFI District- Madhubani ====================================================== Sudhir Mandal @ Sudhir Kumar Mandal, aged about 29 years, male, S/O Late Sajan Mandal, R/O Village- Simri, P.S- Bisfi, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Bisfi PS Case No.188 of 2024 dated 13.09.2024, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation is of recovery of 3.600 litres country-made liquor from the back of Simri Hanuman temple.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that nothing has been recovered either from the conscious possession or from the house of the petitioner, rather, recovery has been made from the back of Hanuman temple. It is further submitted that one more criminal

Patna High Court CR. MISC. No.80918 of 2024(2) dt.04-12-2024 2/3 case is pending against the petitioner.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II cum Special Judge, Excise, Madhubani, in Bisfi PS Case No.

Patna High Court CR. MISC. No.80918 of 2024(2) dt.04-12-2024 3/3 (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T