The Patna High Court granted bail to the petitioner in a case involving alleged smuggling of Indian liquor from Nepal. The court directed release upon furnishing a bail bond with two sureties and specific conditions regarding attendance.
Petitioner released on bail by furnishing a bond of Rs. 20,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47414 of 2022
Arising Out of PS. Case No.-76 Year-2022 Thana- ANDHRAMATH District- Madhubani
======================================================
Bechu Mandal, Son of Late Bhuti Mandal, R/O Village- Kamalpur, Ward No.2, P.S.- Jhutki, District- Saptari, Country- Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s : Mr.Nityanand, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
3 22-11-2022 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
In the present case, the petitioner seeks bail in connection with Andhramath P.S. Case No. 76 of 2022 registered for the alleged offences under Sections 272, 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.
Allegedly, the petitioner and the co-accused were found coming from Nepal side to India carrying sacks on their heads. On seeing the police party, they tried to flee away leaving behind their sacks, but the petitioner was apprehended after chase and from the sack being carried by this petitioner, 54 liters
Patna High Court CR. MISC. No.47414 of 2022(3) dt.22-11-2022 2/3
of India made Nepali liquor was recovered.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from his conscious possession. The petitioner has no concern with the recovered liquor. The charge sheet has been submitted in this case. The petitioner is in custody since 17.05.2022 and is having clean antecedent.
Learned A.P.P. opposes the prayer for bail made on behalf of the petitioner.
Having regard to the submissions made on behalf of the petitioner and considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Jhanjharpur, Madhubani, in connection with Andhramath P.S. Case No. 76 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
Patna High Court CR. MISC. No.47414 of 2022(3) dt.22-11-2022 3/3
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in connection with offences under Sections 272, 273 of Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.
1 provisions across 1 enactments
Bechu Mandal
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
