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Sujit Mandal @ Sujeet Mandal v. The State of Bihar

Patna HC2 Sept 2024CR. MISC./60516/2024

Case brief

AI extract

What is this about?

Bail application by a person arrested in an excise case involving recovery of 549 litres of IMFL from a pickup van. Court noted no independent witness supported the prosecution and Section 100 Cr.P.C. procedure was allegedly not followed. Petitioner enlarged on bail on a bond of Rs. 10,000 with two sureties, bail bonds to be accepted after two months.

What did the court decide?

Petitioner enlarged on bail on bond of Rs. 10,000 with two like sureties; bonds accepted after two months, subject to cooperation in trial.

Sujit Mandal @ Sujeet Mandal Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60516 of 2024

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Arising Out of PS. Case No.-104 Year-2024 Thana- CHAKAI District- Jamui

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======================================================

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Sujit Mandal @ Sujeet Mandal son of Rameshwar Mandal village- Ghasitari Ps- Simultalla, Dist- Jamui

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Adv. For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 02-09-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner has prayed for bail in a case registered for the offence punishable under sections 272 and 273 of the Indian Penal Code and section 30(a) Bihar Prohibition and Excise Act.

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Prosecution case relates to recovery of 549 litres IMFL from pickup van kept hidden in cartoon.

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It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Nothing has been recovered from conscious possession of the petitioner. He has no concern either with the seized liquor or with the vehicle. During course of investigation, police examined several

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Patna High Court CR. MISC. No.60516 of 2024(2) dt.02-09-2024 2/2

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witnesses but except the police personnel, no independent witness has supported the prosecution version. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner has got no criminal antecedent and languishing in judicial custody since 22.6.2024.

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The application for bail is opposed by learned APP for the State.

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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 Excise Court-I, Jamui in connection with Chakai P.S. Case No. 104 of 2024 but his bail bonds shall be accepted after period of two months, subject to the condition that petitioner shall cooperate in the disposal of trial and be available as and when required by he court.

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(Nawneet Kumar Pandey, J)

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sushma/- U T

Sujit Mandal @ Sujeet Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sujit Mandal @ Sujeet Mandal v. The State of Bihar

Case brief

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What did the court decide?

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