Patna High CourtCR. MISC./2911/2021bail granted

Manoj Mandal v. The State Of Bihar

2021-07-27Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2911 of 2021 Arising Out of PS. Case No.-87 Year-2020 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== MANOJ MANDAL S/O LATE SITA RAM MANDAL RESIDENT OF VILLAGE SUNDARPUR, WARD NO 02, P.S.-L.N.M.U., DISTRICTDARBHANGA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Apurva Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-07-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with L.N.M.U. P.S. Case No. 87 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. Five bottles of Nepali liquor and one bottle of foreign liquor is said to have been recovered from outside the house of the petitioner. The seized liquor in question was found concealed in a toilet tank.

The recovery, it has been urged, cannot be saddled on the petitioner as it is from open space. Had the petitioner

Patna High Court CR. MISC. No.2911 of 2021(2) dt.27-07-2021 2/2 owned the seized items, he would not have concealed in the toilet tank.

The petitioner does not have criminal antecedents. No offence under Excise Act, therefore, it has been urged, can at all be said to have been made out against the petitioner.

For the reasons afore-stated, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 02nd Additional Sessions Judge -cum- Special Judge (Excist) Act -cum-Vacation Judge, Darbhanga in connection with L.N.M.U. P.S. Case No. 87 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T