Vikki Mandal @ Vikki Kr. Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56381 of 2022 Arising Out of PS. Case No.-631 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Vikki Mandal @ Vikki Kr. Mandal, Son of Late Ram Sewak Mandal, resident of Village - Barari (Pul Ghat Road), P.S. Barari, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP 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 Kotwali (Barari) P.S. Case No. 631 of 2019 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, the petitioner is alleged to have thrown a bag containing 4.4 litres of country made liquor at the roof of one Niranjan Mandal.

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

Patna High Court CR. MISC. No.56381 of 2022(2) dt.24-11-2022 2/3 case. No occurrence as alleged as ever taken place. Illicit liquor was found in abandoned condition on the roof of one Niranjan Kumar Mandal. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the recovered illicit liquor. The petitioner is in custody since 17.12.2021 and the charge-sheet has been submitted in this case.

Learned APP opposes the prayer for bail submitting that a large number of cases are pending against him. Having regard to the submissions made hereinabove and considering the period of custody of the petitioner as well as submission of charge-sheet against him, 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 Excise Judge1st, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 631 of 2019, 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.

(ii) The petitioner will remain present on each and

Patna High Court CR. MISC. No.56381 of 2022(2) dt.24-11-2022 3/3 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) balmukund/- U T