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Patna High CourtCR. MISC./47664/2021bail granted

Munna Mandal v. The State Of Bihar

2021-11-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47664 of 2021 Arising Out of PS. Case No.-209 Year-2021 Thana- BANKA District- Banka ====================================================== MUNNA MANDAL Son of Late Sukhdeo Mandal Resident of Village - Salempur, P.S.- Habibpur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tarun Prasad Mandal For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30 (a), 32(2) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 109.875 liters of foreign liquor has been recovered from a vehicle in which this petitioner was found sitting.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is neither driver nor owner of the vehicle in question. Petitioner claims clean antecedent and is in custody since 23.03.2021 and investigation

Patna High Court CR. MISC. No.47664 of 2021(2) dt.22-11-2021 2/2 in this case is complete .

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, 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 Additional Sessions Judge-II-cum- Special Judge, Excise Act, Banka in connection with Banka (Barhat) PS case No. 209/2021.

(Prabhat Kumar Singh, J) BKS/- U T