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Patna High CourtCR. MISC./17660/2022bail granted

Rajgir Mandal v. The State Of Bihar

2022-08-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17660 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== RAJGIR MANDAL Son of Late Lalo Mandal Resident of Village - Telhan, P.S. - Sadar, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidya Nath Prasad, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition of Excise Act, 2018.

It is a case of recovery of Nepali liquor from the clump of banana tree.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that no incriminating article has been recovered from the conscious or constructive possession of the petitioner and the name of the petitioner came into light on the basis of suspicion and he has not been apprehended at the spot.

Patna High Court CR. MISC. No.17660 of 2022(2) dt.12-08-2022 2/2 Petitioner has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions as well as the fact that meager quantity of liquor has been recovered from the possession of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-I (Excise Act), Darbhanga in connection with P.R. Case No. 22 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U