Singheshwar Mandal @ Singho Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17353 of 2022 Arising Out of PS. Case No.-471 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== Singheshwar Mandal @ Singho Mandal, Son of Bengali Mandal @ Bajrangi Mandal, Resident of Village - Simariya, P.S. - Rangra, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-06-2022 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr.Md. Fahimuddin, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Gopalpur P.S. Case No.471 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He is in custody since 24.06.2021. The petitioner has got no criminal antecedent. Learned counsel for the petitioner submits that, as per the prosecution story, two hundred liters of illicit liquor kept in a drum and several equipments which were used in manufacturing of liquor were recovered from the Basa of the petitioner.

Patna High Court CR. MISC. No.17353 of 2022(2) dt.14-06-2022 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that nothing has been recovered from the conscious possession of the petitioner. It is submitted that the petitioner is in custody in connection with this case since 24.06.2021 having no criminal antecedent. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the submission that the petitioner has remained in custody in connection with this case since 24.06.2021, he has no criminal antecedent, investigation against him is complete and his presence may also be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act-1st, Bhagalpur in connection with Gopalpur (Rangra) P.S. Case No.471 of 2020, subject to the conditions as laid down under Section 437(3) Cr.P.C.

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

Patna High Court CR. MISC. No.17353 of 2022(2) dt.14-06-2022 3/3 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) Rajeev/- 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'.