Patna High CourtCR. MISC./35309/2023bail granted

Sainik Mandal v. The State Of Bihar

2023-05-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 35309 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- AAJAM NAGAR District- Katihar ====================================================== SAINIK MANDAL S/O RAMANAND MANDAL R/O Village- Kharsota, P.S- Azamnagar, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Azamnagar Police Station (for brevity, PS) Case No 37 of 2023 dated 03.02.2023 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act, 2018.

As per prosecution case, total 88.850 liters of illicit foreign liquor was recovered from the house of the petitioner.

Patna High Court CR. MISC. No.35309 of 2023(2) dt.25-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one criminal case, as stated in paragraph 3 of the bail petition. He is in custody in this case since 08.02.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge Exclusive Special Excise Court No II, Katihar in Azamnagar PS Case No 37 of 2023 dated 03.02.2023.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T