Patna High CourtCR. MISC./1731/2024allowed

Mukesh Mandal v. The State Of Bihar

2024-01-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1731 of 2024 Arising Out of PS. Case No.-233 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== Mukesh Mandal S/O Sahdeo Mandal R/O Village- Narhi (MARETH), P.SArer, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 108 litres of illicit liquor from an e-rickshaw driven by the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.1731 of 2024(2) dt.24-01-2024 2/2 petitioner has no concern either with the seized erickshaw or the illicit liquor. The petitioner is languishing in custody since 03.11.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Kaluahi P.S. Case No. 233 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T