Patna High CourtCR. MISC./38962/2020bail granted

Uttam Mandal v. The State Of Bihar

2021-07-20Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.38962 of 2020 Arising Out of PS. Case No.-104 Year-2020 Thana- SULTANGANJ District- Bhagalpur ====================================================== UTTAM MANDAL Son of Late Basudeo Mandal Residence of Village - Sitarampur, P.S.- Sultanganj, District - Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vibhakar Kumar, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-07-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Sultanganj P.S. Case No. 104 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per the prosecution story, the informant got secret information that Mantu @ Pravin Kumar Mandal has kept illicit liquor in his house for sale. On this information, the informant went on to raid the house of the said person and on seeing the police one person succeeded in fleeing away but this petitioner

Patna High Court CR. MISC. No.38962 of 2020(4) dt.20-07-2021 2/3 was apprehended and on search total 440.04 litres illicit liquor was recovered from the said house.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the house from where the liquor is said to have been recovered does not belong to this petitioner and nothing has been recovered from his conscious possession. Learned counsel submits that the petitioner is in custody since 04.06.2020 having no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the illicit liquor has not been recovered from the house of the petitioner, petitioner has no criminal antecedent, he has remained in jail since 04.06.2020, investigation against him is complete but the trial is not likely to take place in near future, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II- cum-Special Judge, Bhagalpur in connection with Sultanganj P.S. Case No. 104 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

Patna High Court CR. MISC. No.38962 of 2020(4) dt.20-07-2021 3/3 (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.