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Patna High CourtCR. MISC./22216/2023bail granted

Dilip Mandal @ Dilif Mandal v. The State Of Bihar

2023-05-11Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22216 of 2023 Arising Out of PS. Case No.-8 Year-2020 Thana- KURSAILA District- Katihar ====================================================== Dilip Mandal @ Dilif Mandal, Son of Ramotar Mandal @ Ramatar Mandal, Resident of Village - Faridpur, Kharik Bazar, P.S.- Kharik, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Kursela P.S. Case No. 08 of 2020 dated 23.01.2020 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 52.5 litres of foreign liquor and the same is stated to have been recovered from a Sumo vehicle which no doubt belongs to this petitioner but at the time of recovery the petitioner was not present in the alleged vehicle and the same was under the control of petitioner's driver and moreover the

Patna High Court CR. MISC. No.22216 of 2023(2) dt.11-05-2023 2/2 petitioner has fair and clean antecedent and has been languishing in jail since 08.02.2023 and against him the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent and completion of investigation against him, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Kursela P.S. Case No. 08 of 2020 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U