Uttam Kumar Mandal @ Uttam Kumar @ Uttam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28018 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- MAHESHKHUNT District- Khagaria ====================================================== UTTAM KUMAR MANDAL @ UTTAM KUMAR @ UTTAM MANDAL S/O ANIK MANDAL R/O GOVINDPUR WARD NO.2, P.S. MAHESHKHUNT, DISTRICT-KHAGARIA.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandan Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Maheshkhunt P.S. Case No. 13 of 2021 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. 133.2 litres of illicit liquor are said to have been recovered from the tempo and petitioner was caught on the spot. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. Learned counsel

Patna High Court CR. MISC. No.28018 of 2021(2) dt.22-11-2021 2/3 further submits that the seizure list does not contain the signature of the petitioner and as such nothing has been recovered from possession of the petitioner. Petitioner has clean antecedent and is in custody since 03.02.2021. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 the learned Special Judge (Excise), Khagaria in connection with Maheshkhunt P.S. Case No. 13 of 2021, subject to 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 absence on two consecutive dates without sufficient reason, his 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

Patna High Court CR. MISC. No.28018 of 2021(2) dt.22-11-2021 3/3 of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage 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.

(Rajesh Kumar Verma, J) shahzad/- U T