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Patna High CourtCR. MISC./84010/2024bail granted

Bechu Mandal @ Jay Mandal @ Bachhu Mandal @ Jay Kumar Mandal v. The State Of Bihar

2024-12-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84010 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- BISHANPUR District- Darbhanga ====================================================== Bechu Mandal @ Jay Mandal @ Bachhu Mandal @ Jay Kumar Mandal S/O Kishori Mandal R/O Village- Baghala, P.S- Bishanpur, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-12-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Bishanpur P.S. Case no.100 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on secret information having been received and a raid being conducted, it is stated that accused Domar Paswan was arrested and 23.58 litres of liquor was recovered from E-richshaw. It is further stated that the accused who was caught disclosed that he is in the business of liquor along with the co-accused petitioner Bechu Mandal.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his antecedent. The only material against him is the statement of

Patna High Court CR. MISC. No.84010 of 2024(2) dt.16-12-2024 2/2 the co-accused made before police. No incriminating article has been recovered from his possession and he undertakes to cooperate in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the name of the petitioner having transpired in the statement of a co-accused made before police and no incriminating article having been recovered from the petitioner's possession, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bishanpur P.S. Case no.100 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, First, Excise Act, Darbhanga.

(Partha Sarthy, J) Saurabh/- U T