Patna High CourtCR. MISC./25119/2021bail granted

Arbind Kumar Mandal @ Arbind v. The State Of Bihar

2021-09-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25119 of 2021 Arising Out of PS. Case No.-129 Year-2019 Thana- SIKTI District- Araria ====================================================== Arbind Kumar Mandal @ Arbind Son of Late Bijendra Mandal Resident of Village- Kachmoh, Police Station- Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. As per allegation the prosecution case, 70.8 litres of Nepali saufi wine was recovered and two accused persons were arrested. The accused persons arrested disclosed the names of two other accused who had managed to escape which included the petitioner herein.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. The petitioner has been falsely implicated in the case. He has no

Patna High Court CR. MISC. No.25119 of 2021(2) dt.23-09-2021 2/2 criminal antecedent under the Bihar Prohibition and Excise Act, 2016. He is in custody since 23.9.2020. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, the Court directs the petitioner to be enlarged on bail in connection with Sikty P.S. Case no. 129 of 2019 (Special Case no. 1000 of 2019) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special, Excise Act, Araria.

(Partha Sarthy, J) Bibhash U