Laxman Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35421 of 2022 Arising Out of PS. Case No.-63 Year-2022 Thana- KUCHAIKOTE District- Gopalganj ====================================================== LAXMAN MANDAL S/O MADHAV MANDAL Resident of VillageLakapada Atharabanki, P.S.- Paradip, District Jagatsinghapur (Orissa). ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Pravesh Nath Tiwari For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-08-2022 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 Kuchaikote P.S. Case No. 63 of 2022 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 4428.00 litres English liquor from the truck in question. The petitioner is alleged to be the driver of said truck and he is apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 22.02.2022. Petitioner bears no

Patna High Court CR. MISC. No.35421 of 2022(2) dt.12-08-2022 2/3 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 seizure list has not been made as per law. There is no compliance of Section 100 of Cr.P.C. Nothing tangible has come to so that the petitioner has committed any offence. 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. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeIV-cum-Special Excise Court - II, Gopalganj in connection with Kuchaikote P.S. Case No.

Patna High Court CR. MISC. No.35421 of 2022(2) dt.12-08-2022 3/3 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