Bhogi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79740 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- LAUKAHA District- Madhubani ====================================================== Bhogi Mandal Son of Tetar Mandal R/O- Maini, P.S.- Andhrathadhi, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Laukaha P.S. Case no. 83 of 2024 instituted for the offence under Sections 272, 273 and 34 of the Indian Penal Code.

3. The prosecution case is that on 24.04.2024 a flying squad has been organized for election of parliament. During the course of patrolling, when the informant and other police personnel reached at Bandar Jhali Chowk, saw one motorcycle boarded with two persons, armed with bag were coming. On seeing the police, they were tried to escape, but they were apprehended. Upon search from them, altogether 21 liters of

Patna High Court CR. MISC. No.79740 of 2024(2) dt.28-11-2024 2/3 Nepali countrymade liquor were recovered from a bag. Accordingly, the FIR.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It has been further argued by the learned counsel for the petitioner that though the petitioner is the owner of the bike, he has got no concern with the alleged liquor and the name of the petitioner has surfaced during the course of investigation. Further submission is that the petitioner is having no criminal antecedent.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Laukaha P.S. Case no. 83 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Jhanjharpur, Madhubani, subject to the conditions as laid down under section

Patna High Court CR. MISC. No.79740 of 2024(2) dt.28-11-2024 3/3 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T