Ram Chandra Mandal @ Ramchandra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86041 of 2024 Arising Out of PS. Case No.-292 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Ram Chandra Mandal @ Ramchandra Mandal Son of Late Pulkit Mandal Resident of Village- Kodarkatta, P.S.- Basopatti, 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. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Jaynagar P.S. Case No. 292 of 2024 instituted for the offences punishable under Sections 274, 275, 317(5), 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 180 litres of Nepali Sofi wine was recovered from four motorcycles.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the name of the petitioner has transpired in this case merely

Patna High Court CR. MISC. No.86041 of 2024(3) dt.17-01-2025 2/2 because he happens to be the owner of the one of the motorcycles which were recovered on the spot. Learned counsel further submitted that the motorcycle of the petitioner was stolen on 11.09.2024 at 11:00 AM itself. The petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jaynagar P.S. Case No. 292 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T