Patna High CourtCR. MISC./2222/2020dismissed

Bahadur Mandal v. The State Of Bihar

2020-01-16Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2222 of 2020 Arising Out of PS. Case No.-300 Year-2019 Thana- BAUNSI District- Banka ====================================================== BAHADUR MANDAL, son of Katki Mandal @ Katki, resident of village, Kasturi, P.S. - Podayahat, District, Godda (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 16.8 litres country-made liquor from the possession of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner is in custody since 15.12.2019.

Petitioner is accused in another excise case as disclosed in paragraph no.3 of this petition. As such, I am not inclined to grant bail to the petitioner at this stage. Hence, bail application is dismissed.

However, after completion of 6 months in custody,

Patna High Court CR. MISC. No.2222 of 2020(2) dt.16-01-2020 2/2 the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bounsi P.S. Case No.300 of 2019 corresponding to Special Excise Registration No.542 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T