Indal Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 37553 of 2021 Arising Out of PS. Case No.-20 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== INDAL MANDAL Son of Pulkit Mandal Resident of Village- Ekaniyan, P.S.- Mansi, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :
Mr Praveen Kumar Agrawal, Advocate For the Opposite Party/s :
Mr Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.
The petitioner seeks bail in Excise Case No 20c3 of 2021 instituted for the offence punishable under Section 47 (a) of Bihar Prohibition and Excise Act.
30 liters of illicit country made liquor has been recovered from the petitioner's possession.
It is alleged that the recovery is not in accordance with law. The petitioner has also been implicated in Khagaria (Mufassil) PS Case No 435 of 2020 for similar allegations. The petitioner is stated to be in custody since 23.02.2021. Learned APP has opposed the prayer for bail.
Having considered the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the
Patna High Court CR. MISC. No.37553 of 2021(2) dt.13-12-2021 2/2 submissions advanced by the petitioner's counsel. Prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Special Judge, Excise, Khagari in Excise Case No 20c3 of 2021 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.
(Madhuresh Prasad, J) M.E.H./- U