Vikash Mandal @ Bikash Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88070 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- SANHAULA District- Bhagalpur ====================================================== Vikash Mandal @ Bikash Mandal Son of Mritunjay Mandal @ Mrityunjay Mandal Resident of village- Mahiyama- Ps- Sanhoula, dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Chandra, Advocate For the Opposite Party/s :
Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sanhoula P.S. Case No. 139 of 2024 instituted for the offences punishable under Section 317(5) of Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 110 litres of liquor has been recovered from scooty.
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
Patna High Court CR. MISC. No.88070 of 2024(2) dt.07-01-2025 2/2 that petitioner has no concern with the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 03.10.2024 and has two criminal antecedents. 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 and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on 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 Sanhoula P.S. Case No. 139 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T