Raushan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64130 of 2021 Arising Out of PS. Case No.-109 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== Raushan Mandal, S/O Late Sri Kant Mandal, R/o village- Yajuar, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Katra P.S. Case No. 109 of 2021 registered for the alleged offences under Section 414/34 of the Indian Penal Code and Sections 30(a), 32, 41(1) of the Bihar Prohibition and Excise Act, 2018.

As per allegation, 3597.330 liters of foreign liquor was recovered from the house of co-accused Arun Thakur as well as from the motorcycle and a truck. The petitioner is said to be one of the accused persons, who was involved in the

Patna High Court CR. MISC. No.64130 of 2021(3) dt.24-06-2022 2/3 business of illegal liquor. However, learned counsel for the petitioner has submitted that nothing has been recovered from the conscious possession of the petitioner and he was not arrested from the spot. The petitioner is in custody since 14.05.2021 and is having clean antecedent.

Learned APP has opposed the prayer for bail, submitting that a huge quantity of liquor has been recovered from the house of the co-accused and the petitioner has been arrested from the spot.

Having regard to the submissions made hereinabove and considering the period of custody, 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 Special Judge, Excise Act, Muzaffarpur in connection with Katra P.S. Case No.109 of 2021, subject to the following conditions :

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

(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence for three

Patna High Court CR. MISC. No.64130 of 2021(3) dt.24-06-2022 3/3 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) V.K.Pandey/- U T