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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34807 of 2020 Arising Out of PS. Case No.-9 Year-2019 Thana- KHANPURA District- Samastipur ====================================================== RAJESH MANDAL @ RAJESH KUMAR MANDAL SON OF BAMBAM MANDAL Resident of Elmasnagar, Police Station- Khanpur, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Khanpur P.S. Case No. 09 of 2019, disclosing offences punishable under Sections 47, 30(a), 35(a), 41(1), 41(2) of the Bihar Prohibition and Excise Act, 2016.

The petitioner is in custody since 21.08.2020. It is the prosecution's case that huge quantity of Indian made foreign liquor (4581.280 liters) was recovered from the possession of the persons named in the First Information Report including those who were apprehended and disclosed the names of other persons, who managed to flee away from the place of occurrence, when the raid was conducted. Allegedly a motorcycle was also seized by the police from the place of

Patna High Court CR. MISC. No.34807 of 2020(3) dt.24-02-2021 2/2 occurrence, which was found to be registered in the petitioner's name and on that basis the petitioner has been implicated in this case.

Learned counsel for the petitioner has submitted that presence of the petitioner's motorcycle at the place of occurrence is the only evidence to connect the petitioner with the offence. He has submitted that the petitioner has no criminal antecedent.

Considering the above, this application is allowed. Let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Samastipur in Khanpur P.S. Case No. 09 of 2019. (Chakradhari Sharan Singh, J) arun/- U