Patna High CourtCR. MISC./81809/2023allowed

Raja Kumar Mandal v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81809 of 2023 Arising Out of PS. Case No.-276 Year-2023 Thana- FALKA District- Katihar ====================================================== 1.

Raja Kumar Mandal Son Of Satya Narayan Mandal R/O Vill - Gosaigaon, P.S. - Gopalpur, Distt. - Bhagalpur 2.

Sourav Kumar Son Of Tipo Mandal R/O Vill - Gosaigaon, P.S. - Gopalpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Falka (Pothia) P.S. Case No. 276 of 2023 registered under section 30(a)of Bihar Prohibition& Excise Act. Prosecution case relates to recovery of 93 liters of illicit liquor from e-Rickshaw.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and also they have no concern with the seized liquor. A statement

Patna High Court CR. MISC. No.81809 of 2023(2) dt.19-12-2023 2/2 has been made in para-3 of this petition that the petitioners have got no criminal antecedent. No independent witness of the seizure list rather they are police personnel. Moreover, the petitioners are languishing in judicial custody since 01.08.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Falka (Pothia) P.S. Case No. 276 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge Exclusive Special Excise Court No.2, Katihar.

(Sunil Kumar Panwar, J) Shubham/- U T