Baidnath Kumar @ Baijnath Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26961 of 2021 Arising Out of PS. Case No.-128 Year-2020 Thana- SANOKHAR District- Bhagalpur ====================================================== BAIDNATH KUMAR @ BAIJNATH KUMAR MANDAL S/O SRI DHANESHWAR MANDAL R/o Mohalla- M.G. Path, PWD Campurs, kanti Compound, P.S.- Tilkamanjhi, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Krishna, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sanokhar P.S. Case No. 128 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the petitioner is the owner of the motorcycle due to which his name has transpired in this case, but the said motorcycle has been used by his full brother namely Tanik Lal Mandal since 2018, as contained in second supplementary affidavit. Further he submits

Patna High Court CR. MISC. No.26961 of 2021(8) dt.18-04-2022 2/2 that the co-accused Tanik Lal Mandal who was arrested on spot with illicit liquor has not said anything regarding the involvement of the petitioner in the present case. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-II-cum-Special Court of the Excise Act, Bhagalpur in connection with Sanokhar P.S. Case No. 128 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

utkarsh/- (Arvind Srivastava, J) U T