Bikki Mandal @ Biki Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30662 of 2022 Arising Out of PS. Case No.-47 Year-2020 Thana- BALUA BAZAR District- Supaul ====================================================== BIKKI MANDAL @ BIKI MANDAL S/o Nepal Mandal Resident of Shibram Sweni, Bhakti Nagar, Ravindra P.S.- Silliguri, Distt- Darjeling, West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjai Kumar Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 05-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with S.T. Excise Case No. 637 of 2020 arising out of Balua Bazar (Lalit Gram O.P.) P.S. Case No. 47 of 2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 448.75 litres English Liquor from the pickup van in question. Petitioner is alleged to be the driver of the said pickup van. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.30662 of 2022(2) dt.05-08-2022 2/3 petitioner is in custody since 09.02.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that nothing has been recovered from the possession of the petitioner. Petitioner has no concern at all with the seized liquor in any manner. There is no compliance of Section 100 of the Cr.P.C.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. Vth-cum-Special Judge Excise Court No. 2, Supaul in connection with S.T. Case No. 637 of 2020 arising out of Balua Bazar (Lalit Gram O.P.) P.S. Case No. 47 of 2020, subject to following conditions:-

Patna High Court CR. MISC. No.30662 of 2022(2) dt.05-08-2022 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkr/- U T