Sundesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3623 of 2022 Arising Out of PS. Case No.-70 Year-2021 Thana- KHIRHAR District- Madhubani ====================================================== SUNDESH MANDAL Son of Bhola Mandal Resident of Village- Salampur, P.S.- Saharghat, Dist- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Khirhar P.S. Case No. 70 of 2021 instituted for the offences under Sections 272, 273 and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 13.09.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the allegation is of recovery of 825 litres of liquor from a fourwheeler vehicle and the petitioner was arrested from the spot. Learned counsel for the petitioner submits that petitioner is not the owner nor the driver of the vehicle rather

Patna High Court CR. MISC. No.3623 of 2022(2) dt.07-03-2022 2/2 was a passenger and came to be implicated when search was made.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Khirhar P.S. Case No. 70 of 2021.

(Satyavrat Verma, J) Rishi/- U T