Bausaki Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8344 of 2021 Arising Out of PS. Case No.-170 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== BAUSAKI MANDAL Son of Late Bauki Mandal @ Bageshwar Mandal Resident of Village- Amri, Bishanpur, P.S.- Bihpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Special Excise C.I. Case no. 170 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on search, 495 litres of IMFL was recovered from the pickup van and the driver and khlasi were taken into custody.

It is submitted by learned counsel for the petitioner that he is not the owner of the vehicle and on request by the owner was taking the vehicle to its destination. He did not have

Patna High Court CR. MISC. No.8344 of 2021(3) dt.08-07-2021 2/2 any knowledge about the goods loaded. He is in custody since 24.9.2020 and has no criminal antecedent.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

As per the report with respect to criminal antecedent of the petitioner received from the Superintendent of Police, Purnea, the petitioner has no criminal antecedent. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Special Excise C.I. Case no. 170 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Purnea.

Spd/- (Partha Sarthy, J) U T