Bulbul Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55614 of 2022 Arising Out of PS. Case No.-35 Year-2022 Thana- HARINMAR District- Munger ====================================================== Bulbul Mandal Son of Moti Mandal Resident of Goraiya Bathan, P.S.- Gogari, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Verma, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Harinmar P.S. Case No. 35 of 2022 lodged under Section 30(a) of the Bihar Prohbition and Excise Amendment Act, 2018. As per the prosecution case, total recovery of 30 liter of country-made wine along with utensils which were used for preparing the said desi wine have been made, which is the subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that the said liquor were recovered from basa of the accused and

Patna High Court CR. MISC. No.55614 of 2022(2) dt.02-12-2022 2/3 from the possession of the petitioner. He further submits that petitioner is in custody since 26.07.2022 having one criminal case pending against him, in which he is persuading for bail. Charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court Excise-I, Munger in connection with Harinmar P.S. Case No. 35 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

Patna High Court CR. MISC. No.55614 of 2022(2) dt.02-12-2022 3/3 C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T