Patna High CourtCR. MISC./38105/2021bail granted

Sunil Mandal v. The State Of Bihar

2021-09-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38105 of 2021 Arising Out of PS. Case No.-110 Year-2021 Thana- RAJAON District- Banka ====================================================== Sunil Mandal Son of Bhado Mandal Resident of Village - Shahabad Goryasi, P.S. Sultanganj, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Rajoun (Nabada) P.S. Case No. 110 of 2021, registered for the offence punishable punishable under Sections 30(a), 32(2) of the Bihar Prohibition and Excise Act, 2016.

167.085 litres of foreign liquor has been recovered from tempo and this petitioner being driver was apprehended on the spot.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of

Patna High Court CR. MISC. No.38105 of 2021(2) dt.23-09-2021 2/2 consignment. Petitioner has got clean antecedent and he is in custody since 25.03.2021. Investigation is complete. Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged 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, Banka in connection with Rajoun (Nabada) P.S. Case No.

110 of 2021, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.