Mukesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 38194 of 2023 Arising Out of PS. Case No.-521 Year-2022 Thana- RAJAON District- Banka ====================================================== MUKESH MANDAL S/o- KAPIL DEV MANDAL Village- Parbatta Psgopalpur Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Sudhir Kumar Mishra, Advocate For the Opposite Party/s :

Mr Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and the learned APP.

The petitioner has preferred this application for grant of regular bail in connection with Rajoun (Nawada) PS Case No 521 of 2022 dated 09.11.2022 corresponding to Special Excise Registration No 1589A of 2022 registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act.

As per the prosecution case, 101.25 litres of illicit foreign liquor was recovered from the Jugad Gadi. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner bears clean antecedent, as stated in

Patna High Court CR. MISC. No.38194 of 2023(2) dt.05-07-2023 2/2 paragraph 3 of the bail petition. He is in custody in this case since 28.04.2023. It is further submitted that the petitioner is the owner of the said vehicle.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Banka in Rajoun (Nawada) PS Case No 521 of 2022 dated 09.11.2022 corresponding to Special Excise Registration No 1589 of 2022. This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T