Chandrabhushan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53175 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- CHANAN District- Lakhisarai ====================================================== CHANDRABHUSHAN MANDAL S/o LATE BIRBAL MANDAL R/o VILLAGE-GOPALPUR, NAHAR TOLA, P.S-CHANAN, DISTRICT-LAKHISARAI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chanan P.S. Case no. 136 of 2020 instituted for the offence under Sections 272 and 273 of the Indian Penal Code and Sections 30(a)(b)(c)/34(a)(b) of the Bihar Prohibition of Excise Act. Prosecution case relates to recovery of 60 litres of country made Mahua liquor and 500 litres of jawa mahua near Bhathi on the bank of canal. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery or with the place of occurrence. Several co-accused persons have been granted bail by a different co-ordinate Bench of this Court vide order dated 27.7.2021 in Cr. Misc. No. 15727 of 2021.

Learned APP appearing for the State has opposed the prayer of Bail.

Patna High Court CR. MISC. No.53175 of 2021(2) dt.06-04-2022 2/2 Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chanan P.S. Case no. 136 of 2020, he will be enlarged 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 Additional Chief Judicial Magistrate-IIcum-Special Judge, Excise, Lakhisarai subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U