Sanjay Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79197 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== SANJAY KUMAR MANDAL S/O JAGDISH @ JAGO MANDAL R/O VILLAGE- BALCHANDA, WARD NO. 01, P.S- KURSAKANTA (KUWAI), DISTT.- ARARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 155.100 litres of illicit Nepali Liquor. Petitioner was arrested on spot along with co-accused Bikash Mandal while two other co-accused managed to escape.

4. 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 case. Petitioner has no any concern with the alleged recovery of

Patna High Court CR. MISC. No.79197 of 2023(2) dt.07-12-2023 2/2 liquor. No any incriminating article has been recovered from his conscious possession. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 06.09.2023.

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

6. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Excise Court No. 2, Araria in connection with Kursakanta (Kuari) P.S. Case No.217 of 2023. (Sunil Kumar Panwar, J) lata/- U T