Umod Mandal @ Kumod Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.216 of 2024 Arising Out of PS. Case No.-515 Year-2023 Thana- JOKIHAT District- Araria ====================================================== Umod Mandal @ Kumod Mandal S/o- Hari Ballav Bishwas Resident of Village-Dighra Malua, Ward No. 16, P.S.- Ghelad, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Jha For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, petitioner was driving an auto and police signaled him for vehicle checking, but he speed up his vehicle. After chase, he was apprehended on spot and from his tempo 132.375 litres IMF was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to non-fulfillment of illegal demand raised by the police officials. He has got no criminal antecedent. No

Patna High Court CR. MISC. No.216 of 2024(2) dt.12-01-2024 2/2 incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 09.11.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Petitioner is directed to deposit Rs. 5,000/- (Rs. Five thousand) in the concerned DLSA.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Spl. Excise Court-2, Araria in connection with Jokihat P.S. Case No. 515 of 2023.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 5,000/- (Five thousand only) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U