Shankar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46996 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

Shankar Mandal Son of Mahendra Mandal @ Kanhay Mandal Resident of Village- Rani Diyara, P.S.- Ekchari, District- Bhagalpur. 2.

Pankaj Mandal Son of Dukho Mandal Resident of Village- Rani Diyara, P.S.- Ekchari, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-12-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

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

The petitioners seek regular bail in connection with Pirpainti P.S. Case No. 69 of 2021 dated 28.03.2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners are in custody since 28.03.2021 and charge-sheet has

Patna High Court CR. MISC. No.46996 of 2021(2) dt.10-12-2021 2/2 been submitted in the case.

Learned counsel for the petitioners submits that allegation is of recovery of 40 liters of liquor. Learned counsel further submits that the petitioners are innocent and nothing has been recovered from their possession and they have been falsely implicated in the present case.

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

Considering the fact that the petitioners are in custody since 28.03.2021 and charge-sheet has been submitted in the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Bhagalpur in connection with Pirpainti P.S. Case No. 69 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T