Tiwari Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48415 of 2021 Arising Out of PS. Case No.-453 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== TIWARI MANDAL S/o Ganesh Mandal Resident of Village- Babupur Diyara, P.S.- Pirpaiti, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, three accused persons including the petitioner herein were caught and from the tempo on which they were travelling, a total of 86.625 litres of liquor was recovered.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the possession of the petitioner. He has been falsely implicated in the case. He is in custody since 11.7.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.48415 of 2021(2) dt.16-02-2022 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Kahalgaon P.S. Case no.453 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge (Excise Act), Bhagalpur. (Partha Sarthy, J) Saurabh/- U T