Kailash Mandal @ Kailash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40303 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- KURSAILA District- Katihar ====================================================== KAILASH MANDAL @ KAILASH KUMAR S/O KAMESHWAR MANDAL R/O VILLAGE- MALINIYA, P.S- KURSELA, DISTT.- KATIHAR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024

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

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. Allegation is of recovery of 120 litres of liquor from three gallons thrown by the person who managed to flee away near Diayara area in the field of Kameshwar Mandal.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot but during the course of investigation he came to be arrested at the instance of the Chawkidar. It is further submitted that the police in majority of

Patna High Court CR. MISC. No.40303 of 2024(4) dt.31-08-2024 2/2 the cases implicate either at the instance of the Chawkidar, local person, confessional statement or secret information without holding a proper investigation. It is next submitted that petitioner is in custody since 22.04.2024.

6. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

7. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above named, is directed to 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 Court below where the case is pending in connection with Kursela P.S. Case No. 75 of 2024.

(Satyavrat Verma, J) Kundan/- U T