Birbal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26692 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- PRANPUR District- Katihar ====================================================== BIRBAL MANDAL SON OF KALA CHAND MANDAL R/O BAIGNA, P.S.- NAGAR, DISTRICT- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-05-2023 1.

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

2.

Petitioner seeks regular bail in connection with Pranpur (Rosana) P.S. Case No.36 of 2023 dated 28.02.2023 registered for the offence(s) punishable under Section(s) 30(a) of the 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 67.500 litres of country made foreign liquor and the same is stated to have been recovered from a tempo and as per allegation this petitioner was found being seated in the said vehicle at the time of recovery but in fact, the petitioner was bonafidely travelling in the said tempo as a passenger and he had no knowledge about the alleged liquor and

Patna High Court CR. MISC. No.26692 of 2023(2) dt.16-05-2023 2/2 the actual driver managed to escape and the seized vehicle does not belong to this petitioner and he has fair and clean antecedent and has been languishing in jail since 01.03.2023 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 the petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Pranpur (Rosana) P.S. Case No.36 of 2023 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) sangam/- U T