Patna High CourtCR. MISC./7538/2022bail granted

Ram Pravesh Mandal @ Rampravesh Mandal v. The State Of Bihar

2022-06-22Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7538 of 2022 Arising Out of PS. Case No.-520 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== RAM PRAVESH MANDAL @ RAMPRAVESH MANDAL SON OF LATE GAYA MANDAL RESIDENT OF VILLAGE- HARDWAN, P.S.- DOBHI, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akshansh Ankit For the Opposite Party/s :

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State.

Petitioner seeks regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Allegedly, 10 liters of country made liquor was recovered from the house of the petitioner.

The main submissions advanced by the learned counsel for the petitioner are that there is only one criminal antecedent of the petitioner in which he has been granted bail by

Patna High Court CR. MISC. No.7538 of 2022(2) dt.22-06-2022 2/2 the court below and there is no independent witness of the alleged seizure and the petitioner is physically handicapped person and his disability is 42% and he has been languishing in jail since 25.8.2021.

Learned APP opposes the prayer for bail.

In view of the above submissions and also considering the petitioner's custody period as well as his physical disability as submitted which gets support from the certificate Annexure 2 issued by the concerned authority, a lenient approach may be taken in respect of the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II-cum- Special Judge, Excise Act, Gaya in Sherghati (Dobhi) Police Station Case No. 520 of 2021 giving rise to Spl. Excise Case no.1536/2021. (Shailendra Singh, J) s.hassan/- U T