Bipin Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35324 of 2022 Arising Out of PS. Case No.-536 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== Bipin Mandal Son of Chako Mandal R/o Village- Gyanidas Tola Tintanga, P.S.- Rangra And District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Mohan, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-08-2022 Let the defect, if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Gopalpur (Rangra) P.S. Case No. 536 of 2021 lodged under Sections 30(a)(b)(c) of Bihar Prohibition and Excise Act, 2016. As per the prosecution case, total recovery of 20 litres and 1100 litres half prepared desi wine has been destroyed. Learned counsel for the petitioner submits that the petitioner is apprehended from the place of occurrence and 5 litres of desi sharab has alleged to be made from his possession. He further submits that petitioner is in custody since 12.11.2021, charge sheet has already been filed in this case and having clean

Patna High Court CR. MISC. No.35324 of 2022(2) dt.29-08-2022 2/2 antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-1, Bhagalpur in connection with Gopalpur (Rangra) P.S. Case No. 536 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T