Bablu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35494 of 2021 Arising Out of PS. Case No.-372 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== Bablu Mandal Son Of Late Lalhu Mandal @ Late Lakshmi Mandal Resident Of Village - Rangra, Police Station - Rangra, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar- Advocate For the Opposite Party/s :

Mr. Mohammed Arif- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Gopalpur P. S. Case No.372 of 2020, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The learned counsel for the petitioner submits that the petitioner is in custody since 10.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case and petitioner was not arrested from the spot, though he is named in the F.I.R, whose name was disclosed by the Chaukidar.

The learned counsel for the petitioner further submits that the allegation is of recovery of 300 litres of semi-prepared liquor, 700 litres of rotten mahua from a hut constructed in the

Patna High Court CR. MISC. No.35494 of 2021(2) dt.06-12-2021 2/2 Banshbari alleged to be the petitioner.

The learned counsel for the petitioner submits that petitioner has no concern with the said hut nor the liquor belongs to him.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 10.03.2021, he is a person with clean antecedent, chargesheet has been submitted in this case and petitioner was not arrested from the spot, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise Act, Bhagalpur in connection with Gopalpur P. S. Case No.372 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T