Patna High CourtCR. MISC./4212/2021bail granted

Budhan Mandal v. The State Of Bihar

2021-03-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4212 of 2021 Arising Out of PS. Case No.-186 Year-2020 Thana- GOGRI District- Khagaria ====================================================== Budhan Mandal aged about 30 years Son Of Brahamdeo Mandal Resident Of Village-Usri Naya Tola, Police Station-Gogari, Dististrict-Khagaria ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party :

Mr.Umeshanand Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

As per the prosecution case, 145.18 liters of foreign liquor has been recovered from the Basa of co-accused Raja Yadav.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Charge sheet has already been submitted. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in

Patna High Court CR. MISC. No.4212 of 2021(2) dt.19-03-2021 2/2 custody since 2.7.2020.

Considering the facts of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II cum Special Judge, Excise Act, Khagaria in Gogari Police Station Case No. 186 of 2020/GR No.1530 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T