Basant Mandal @ Basant Kumar @ Bashant Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5563 of 2022 Arising Out of PS. Case No.-221 Year-2020 Thana- ROSERA District- Samastipur ====================================================== BASANT MANDAL @ BASANT KUMAR @ BASHANT MANDAL Son of Govind Mandal, Resident of Village - Raniparti Tola, Thika (Thheka), P.S.- Rosera, Distt.- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Rosera P.S. Case No. 221 of 2020 registered for offence punishable under sections 272, 273/34 of the Indian Penal Code and section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per allegation, the police got an information that the present petitioner, co-accused Mahesh Paswan, Ajit Kamti were unloading foreign liquor from pick-up van. Having seen the police party, miscreants began to flee away with their pick-up van. After some time, they left the pick-up van and fled

Patna High Court CR. MISC. No.5563 of 2022(2) dt.25-05-2022 2/2 away. A huge quantity of liquor was recovered from that pick-up van.

The learned counsel for the petitioner has submitted that the petitioner is under custody since 20.11.2021 and co-accused Ajit Kamti @ Ajeet Kmati has been granted bail by the coordinate Bench, vide order dated 15.12.2021, in Cr. Misc. No. 43649 of 2021.

Considering the fact that co-accused on similar footing has been granted bail, the petitioner above-named is directed to be released on bail after framing of charge on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Samastipur in connection with Rosera P.S. Case No. 221 of 2020. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T