Niranjan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21785 of 2021 Arising Out of PS. Case No.-41 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Munger ====================================================== NIRANJAN MANDAL SON OF ASHARFI MANDAL R/O - GANGTA (DEORIYA), P.S.- GANGTA, DISTRICT- MUNGER.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise Complaint Case no. 41C3 of 2020 instituted for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, (Amendment), 2018.

The prosecution case relates to recovery of 7.500 litres of foreign liquor from the poultry farm of the accused persons.

Learned counsel appearing on behalf of the petitioner has submitted that father of the petitioner namely Asharfi Mandal has apprehended on the spot and petitioner is the son of

Patna High Court CR. MISC. No.21785 of 2021(2) dt.22-12-2021 2/2 co-accused Asharfi Mandal. It is further submitted that it is not appropriate that father and sons are involved in the same case while father is apprehended on the spot. Petitioner has no criminal antecedent.

Learned APP for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Excise Complaint Case No. 41C3 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ IInd-cum-Special Judge, Excise, Munger, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) khushbu/- U T