Ranjan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65311 of 2021 Arising Out of PS. Case No.-111 Year-2021 Thana- PARBATTA District- Bhagalpur ====================================================== Ranjan Kumar Mandal, Son of Late Chandra Deo Mandal, Resident of Village- Gairya, P.S.- Parwatta, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-05-2022 Heard learned counsel for the parties.

The matter arises out of Parbatta P.S. Case No.111 of 2021 registered under Section 30(a) of Bihar Prohibition and Excise Act. As per the allegation, the police upon information raided the house of accused Vijay Kumar Mandal and recovered 92.880 liters of foreign liquor while his brother and the petitioner herein house was raided and it is alleged that 48.375 liters of foreign liquor was recovered from his possession. Accordingly, case was registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 and it is in this way that he came into judicial custody. Learned counsel for the petitioner, Mr. Shanti Bhushan submits that the petitioner has falsely been implicated. He has no criminal antecedent, charge sheet has already been submitted and he is in judicial custody since 05.09.2021 (as stated in para-10 of the bail application).

Patna High Court CR. MISC. No.65311 of 2021(2) dt.05-05-2022 2/2 Considering the aforesaid facts, this Court is inclined to grant him the privilege of bail with certain conditions. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with Parbatta P.S. Case No.111 of 2021 to the satisfaction of learned Additional Sessions Judge, IInd-cumSpecial Judge (Excise Act), Bhagalpur , subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his presence. With the aforesaid observation the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T