Deepak Mandal @ Chhedi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25522 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- ANDHRAMATH District- Madhubani ====================================================== DEEPAK MANDAL @ CHHEDI MANDAL Son of Manejar Mandal Resident of Village- Dharhara, P.S.- Andhramath, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-09-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Andharamath P.S. Case No.144/2020 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He is in custody since 24.11.2020. Learned counsel for the petitioner submits that as per the prosecution story the police raided the house of the petitioner and recovered 65 liters 700 ml of illicit liquor from the open areas near the bamboo trees.

Patna High Court CR. MISC. No.25522 of 2021(2) dt.27-09-2021 2/3 Learned counsel for the petitioner submits that the place of recovery is said to be the outside the house of the petitioner and from the open areas near the bamboo trees. Learned counsel submits that the petitioner has remained in custody since 24.11.2020, investigation against him is complete and the petitioner has got no criminal antecedent. Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case, the place of recovery is said to be the outside the house of the petitioner and from open areas near the Bamboo trees, the petitioner has remained in custody since 24.11.

2020, investigation against him is complete and the petitioner has got no criminal antecedent, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge (Excise Act), Madhubani in connection with Andharamath P.S. Case No.144/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.25522 of 2021(2) dt.27-09-2021 3/3 it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.