Vakil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40282 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- SANHAULA District- Bhagalpur ====================================================== VAKIL MANDAL Son of Late Sanichar Mandal @ Shanichar Mandal Resident of Village - Farka, P.O.- Farka, P.S.- Sabour, District - Bhagalpur, Pin - 813210.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Ranjan For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-08-2022 Learned counsel for the petitioner is permitted to make necessary correction in paras 1, 12 and prayer portion of the bail petition in course of the day.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sanhoula P.S. Case No. 65/2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2018.

As per prosecution case, there is alleged recovery of total 54 liters country made Mahua wine from the motorcycle in

Patna High Court CR. MISC. No.40282 of 2022(2) dt.24-08-2022 2/3 question and the petitioner apprehended on the spot. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 31.05.2022 and bears no criminal antecedent. Learned counsel for the petitioner further submits that the petitioner is neither owner of the said motorcycle in question nor concerned with the alleged seized foreign liquor. Seizure list has not been prepared as per law.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Exclusive Excise-2, Bhagalpur in connection with Sanhoula P.S. Case No. 65/2022, subject to following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.40282 of 2022(2) dt.24-08-2022 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T