Patna High CourtCR. MISC./51640/2021bail granted

Rohit Mandal v. The State Of Bihar

2022-04-15Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51640 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- DHANKUND District- Banka ====================================================== ROHIT MANDAL SON OF LATE CHULHAY MANDAL Resident of Village- Bhatuachak, P.S.- Dhankund, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2022 Heard the parties through video conferencing. Petitioner seeks regular bail in connection with Dhankund PS Case No. 64 of 2021 registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per the first information report Police apprehended the co-accused / Dilip Mandal and recovered 34.800 liters of illicit country made liquor from him and the co-accused / Dilip Mandal informed the Police that petitioner had told him to deliver the consignment of the seized liquor to his house. Learned counsel for the petitioner submits that no illicit liquor has been recovered from the possession of the petitioner and he has been made accused on the basis of confessional statement of the arrested co-accused from whose

Patna High Court CR. MISC. No.51640 of 2021(2) dt.15-04-2022 2/2 possession illicit liquor has been recovered. He further submits that petitioner is in custody since 23.06.2021 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties, taking into consideration the fact that petitioner is in custody since 23.06.2021, charge sheet has already been submitted and no illicit liquor has been recovered from the conscious possession of the petitioner, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000 /- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Special Excise Case No. 387 / 2021 (arising out of Dhankund PS Case No. 64 / 2021).

(Anil Kumar Sinha, J) praful/- U T