Nandlal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33231 of 2021 Arising Out of PS. Case No.-365 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== NANDLAL MANDAL S/O- Videshi Mandal R/O- Gyanidas Tola, P.S. - Gopalpur (Rangra), Distt. - Bhagalpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-12-2021 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 Gopalpur P.S. Case No. 365 of 2020 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. According to prosecution case, having got secret information the informant along with other police officials raided the house of one Chamak Lal Mandal and 2.5 litres of country made liquor, 180 litres of semi prepared liquor and other apparatus were recovered. It is also alleged that petitioner fled away from there.

Patna High Court CR. MISC. No.33231 of 2021(2) dt.01-12-2021 2/3 Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. No incriminating article has been recovered from conscious possession or house of the petitioner. Petitioner is in custody since 25.02.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, 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 Additional Sessions Judge-II cum Special Judge (Excise Act), Bhagalpur in connection with Gopalpur P.S. Case No. 365 of 2020, 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.

Patna High Court CR. MISC. No.33231 of 2021(2) dt.01-12-2021 3/3

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation 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