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Patna High CourtCR. MISC./39776/2024bail granted

Sanjay Mandal v. The State Of Bihar

2024-05-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39776 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- Marnga District- Purnia ====================================================== Sanjay Mandal S/O Late Bishwanath Mandal R/O Village Khutha Rajai, Ward No. 05, Lachhmipur Bhagwati, P.S. Srinagar, District Madhepura, Bihar 852112 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish For the Opposite Party/s :

Mr. Jagdhar Prasad APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Maranga P.S. Case No. 47 of 2024 lodged on 04.04.2024 under Section 30(a) of the Excise Act.

3. As per the prosecution case, F.I.R. has been lodged against nine named accused persons including the present petitioner from whom there is recovery of approx 996 litre of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that total recovery was made from two vehicle and 52 litre of illicit liquor was recovered from the vehicle which

Patna High Court CR. MISC. No.39776 of 2024(2) dt.30-05-2024 2/2 petitioner was driving. Counsel further submits that the criminal antecedent of the petitioner is not clean and there is one case pending against him in which he is on bail. The petitioner is in custody since 05.04.2024. He further submits that under wrong impression he was driving the vehicle and in future he will not commit such mistake.

5. Learned APP for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, Purnea in connection with Maranga P.S. Case No. 47 of 2024 subject to the condition laid down under Section 437(3) of the Cr.P.C. (Dr. Anshuman, J) Sunnykr/- U