Balaeshwar Mandal @ Baleshwar Mahto @ Baleshwar Mandal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10766 of 2022 Arising Out of PS. Case No.-374 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== Balaeshwar Mandal @ Baleshwar Mahto @ Baleshwar Mandal Ray Son Of Sunil Mandal R/O Village- Gosayeegaon, P.S.- Gopalpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Ms.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Gopalpur P.S. Case No. 374 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 along with sections 25(1-b)a, 26 read with section 35 of the Arms Act.

95 litres of country made liquor, one country made pistol and one country made musket have been recovered from house of this petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. Recovery has been made from the house which is in joint possession of family. Petitioner has got no concern with the seized liquor. Petitioner is in

Patna High Court CR. MISC. No.10766 of 2022(2) dt.26-04-2022 2/2 custody since 20.08.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete. Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged 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 learned Additional Special Excise Judge-1, Bhagalpur in connection with Gopalpur P.S. Case No. 374 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T