Ayodhya Mandal @ Ayodhi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52271 of 2022 Arising Out of PS. Case No.-285 Year-2021 Thana- JAYNAGAR District- Madhubani ====================================================== Ayodhya Mandal @ Ayodhi Mandal, S/O Mahendra Mandal, Resident of village- Dulli Patti, P.S.- Jaynagar, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Jaynagar P.S. Case No. 285 of 2021 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, a raid was conducted on the house of the petitioner and 126 liters of Nepali country made liquor was recovered from the house. The petitioner ran away from his house on seeing the police party.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.52271 of 2022(2) dt.23-11-2022 2/3 case. The petitioner was not apprehended from the spot and the recovery has been made from a joint family house. The petitioner has no concern with the allegedly seized liquor and nothing incriminating has been recovered from his conscious possession. The petitioner is a businessman and runs an oil mills. Charge sheet has been submitted in this case and the petitioner is in custody since 18.05.2022.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner submitting that the petitioner is having criminal antecedent.

Having regard to the submission made and considering the submission of charge sheet along with period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Jaynagar P.S. Case No. 285 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.52271 of 2022(2) dt.23-11-2022 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/daya U T