Arun Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26097 of 2021 Arising Out of PS. Case No.-761 Year-2020 Thana- KAHALGAON District- Bhagalpur ====================================================== ARUN KUMAR MANDAL SON OF MAHESH MANDAL R/O VILLAGE AND P.S.- RANGRA, DISTRICT- BHAGALPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2021 As prayed for, learned counsel for the petitioner is permitted to make correction in the prayer portion of the bail petition within one week.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 300 liters of country made liquor has been recovered from a Bolero vehicle of which the petitioner was one of the occupant and he was arrested on the spot.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is neither owner nor driver of the vehicle and he was simply a passenger. Petitioner is in custody since 05.12.2020 and has got no criminal antecedent.

Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.26097 of 2021(2) dt.27-07-2021 2/2 prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Bhagalpur in connection with Kahalgaon (Rasalpur) PS case No. 761/2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

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