Deepak Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41151 of 2019 Arising Out of PS. Case No.-71 Year-2018 Thana- DHOLBAJJA District- Bhagalpur ====================================================== DEEPAK MANDAL, aged about 27 years, Sex-Male, Son of Arun Mandal, Resident of Village - Nandgram Lokmanpur, P.S.- Dholbazza (Kadwa), Dist.- Bhagalpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ranjeet Kumar Singh, Advocate.

For the Opposite Party :

Mr.Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2019 Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 9 of the bail application, in course of the day.

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

The petitioner is languishing in custody since 05.03.2019 in a case for the offence registered under Sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 106.560 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been

Patna High Court CR. MISC. No.41151 of 2019(2) dt.05-07-2019 2/2 submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 106.560 liters wine is recovered. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District & Sessions Judge-cum-Special Judge, Excise, Bhagalpur, in connection with Dholbazza (Kadwa) P.S. Case No. 71 of 2018.

(Sudhir Singh, J) U.K./- U T