Arbind Kumar Mandal @ Arbind Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32157 of 2023 Arising Out of PS. Case No.-60 Year-2021 Thana- RATANPUR District- Supaul ====================================================== ARBIND KUMAR MANDAL @ ARBIND MANDAL, S/o of Devendra Mandal, Resident of Village- Samda, P.S. Ratanpura, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 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 A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Session Case, Excise 1104 of 2021 arising out of Ratanpura P.S. Case No. 60 of 2021 dated 09.10.2021 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, on secret information, a raid was conducted and total 3982 Kg of illegal spirit was recovered from the land of Sushil Mishra where the liquor was kept in bush. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner is not named in the F.I.R.

Patna High Court CR. MISC. No.32157 of 2023(2) dt.22-05-2023 2/2 The name of the petitioner has sprung up in the confessional statement of the co-accused. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 20.08.2022 passed in Cr. Misc. No. 34363 of 2022. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.04.2023. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Session Case, Excise 1104/ 2021 arising out of Ratanpura P.S. Case No. 60 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T