Bhupal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8323 of 2023 Arising Out of PS. Case No.-606 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== BHUPAL MANDAL Son of Karkun Mandal @ Munilal Mandal Resident of village - Usarhiya, P.S.- Rangara, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks regular bail in connection with Gopalpur (Rangra) P.S. Case No. 606 of 2022, registered for the offence punishable under Section 30(a)(c)(d) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing incriminating material has been recovered from the conscious possession of this petitioner. He is in custody since 12.12.2022. Learned APP has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.8323 of 2023(2) dt.03-05-2023 2/2 Considering the nature of allegation levelled against the petitioner, his period of custody, this application is allowed. Let the petitioner, above named, be released on bail after framing of charge, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, 1, Bhagalpur in connection with Gopalpur (Rangra) P.S. Case No. 606 of 2022.

This is also subject to the conditions that (I) the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner and (ii) the petitioner shall mark his presence in Gopalpur (Rangra) Police Station, District- Bhagalpur on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below. The trial court is directed to expedite the trial of all the cases which are registered against the petitioner.

(Sandeep Kumar, J) Ranjeet/- U T