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Patna High CourtCR. MISC./66750/2021disposed

Naresh Mandal v. The State Of Bihar

2021-12-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66750 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- NADI P.S. District- Bhagalpur ====================================================== Naresh Mandal Son Of Late Bhagwat Mandal Resident Of Vilalge- Dhodiya PS- Kharik , Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 30(a) and 38(i) of Bihar Prohibition and Excise Act and Section 25(1-b)a of the Arms Act. One Masket, two live cartridges and two liters of country-made liquor have been recovered from the Basa of the petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Recovery has been made from the Basa, which does not belong to the petitioner. Petitioner is in custody since 10.04.2021. Chargesheet has been submitted.

Learned A.P.P. for the State has opposed the bail petition and submitted that petitioner has got criminal

Patna High Court CR. MISC. No.66750 of 2021(2) dt.21-12-2021 2/2 antecedent and he is accused in one more case of Excise Act. Considering the facts & circumstances and the fact that petitioner has got criminal antecedent of similar nature of case, the learned court below, where the case is pending, is directed to release the petitioner on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nadi P.S. Case No. 43 of 2020, after framing of the charge.

(Prabhat Kumar Singh, J) anay/- U T