Rajesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.936 of 2024 Arising Out of PS. Case No.-613 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Rajesh Mandal S/O RAM PRASAD MANDAL @ FAKIR MANDAL VILLAGE- TELHAN BHUIYA ASTHAN,PS.SADAR (BHALPATTI O.P) DIST. DARBHANGA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

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

3. Prosecution case relates to recovery of total 435 liters of country made liquor from three different vehicles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither he was arrested on the spot nor any incriminating article has been recovered from his conscious possession. He has no concern with the seized liquor or with vehicles in question. A statement has been made

Patna High Court CR. MISC. No.936 of 2024(2) dt.16-01-2024 2/2 in para-3 of this petition that the petitioner has got no criminal antecedent. His name has come in this case by the apprehended co-accused Sanjay Mandal, who has already been granted bail by this Bench vide order dated 04.01.2024 passed in Cr. Misc. No. 83413 of 2023. Moreover, he is languishing in judicial custody since 16.11.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sadar (Bhalpatti O.P.) P.S. Case No. 613 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-1st, Excise Act, Darbhanga.

(Sunil Kumar Panwar, J) lata/- U T