Karelal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68323 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== Karelal Mandal, S/o Naresh Mandal R/o village- Jangali Mandal Tola, Mathar, Ward No. 08, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within four weeks.

The petitioner is in judicial custody in connection with Excise Case No.74C3/2021 instituted under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. As per the allegation the Excise Officials along with police parties were on vehicle checking spree, it is alleged that one Mahindra Bolero vehicle was intercepted and upon search 270 pieces of prohibited cough syrup was recovered/seized. Accordingly, the petitioner came into judicial custody and are in jail since then i.e. 29.08.2021 (as stated in para-10 of the bail application).

Patna High Court CR. MISC. No.68323 of 2021(2) dt.17-05-2022 2/3 Considering the fact that the petitioner do not have criminal antecedent, charge sheet stand submitted and he is in jail since 29.08.2021, this Court is inclined to grant him privilege of bail.

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 Excise Case No.74C3/2021 to the satisfaction of learned Additional Sessions Judge, IIndcum-Special Judge, Excise, Khagaria, 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;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty

Patna High Court CR. MISC. No.68323 of 2021(2) dt.17-05-2022 3/3 to steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

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