Sudhir Mandal @ Sudhir Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.741 of 2024 Arising Out of PS. Case No.-397 Year-2023 Thana- BISFI District- Madhubani ====================================================== 1.
Sudhir Mandal @ Sudhir Kumar Mandal S/o Sanjay Mandal R/o VillageSimri, P.S-Bisfi, District- Madhubani 2.
Laddu Das @ Pramod Das S/o Mahendra Das R/o Village-Simri, P.S-Bisfi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratnakar Jha For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable u/s 272 and 273/34 of the IPC and 30 (a) of Bihar Prohibition and Excise Act, 2018.
3. Altogether 164.01 liters of Nepali liquor is said to have been recovered from a car and it is alleged that petitioners fled away on seeing the police.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered
Patna High Court CR. MISC. No.741 of 2024(2) dt.06-02-2024 2/3 from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or any trade of liquor. They were not apprehended on the spot and their name transpired in the case on suspicion. Petitioners are not the owner of the said car from which recovery has been made. Petitioners have no criminal antecedent.
5. Petitioners are agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) each in the account of Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Bisfi (Patauna) P.S. Case No.397 of 2023, subject to the condition as laid down under Section 438
(2) of the Cr.P.C, with the following conditions: (i) That one of the bailors will be a close relative of
Patna High Court CR. MISC. No.741 of 2024(2) dt.06-02-2024 3/3 the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
7. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of aforesaid amount in the account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) pallavi/- U T