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Patna High CourtCR. MISC./41321/2023allowed

Dinesh Kumr Mandal @ Dinu Mandal @ Dinesh Mandal v. The State Of Bihar

2023-07-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41321 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- AAJAM NAGAR District- Katihar ====================================================== Dinesh Kumr Mandal @ Dinu Mandal @ Dinesh Mandal Son Of Late Badri Mandal Resident Of Village- Govindpur, Ps- Azamnagar (SALMARI Op), Distt- Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) Bihar Prohibition and Excise Act.

As per prosecution case, it is a case of recovery of total five liter illegal liquor from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery and the seizure list has

Patna High Court CR. MISC. No.41321 of 2023(2) dt.14-07-2023 2/2 not been prepared as per provision of Section 100 of the Cr.P.C. It is further submitted that the petitioner is languishing in judicial custody since 18.05.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Azamnagar (Salmari O.P.) P.S. Case No. 167 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-cum Exclusive Special Excise Court-II, Katihar.

(Sunil Kumar Panwar, J) manishkumar/- U T