Mangal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69250 of 2021 Arising Out of PS. Case No.-216 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== Mangal Singh, S/o Balweer Singh R/o Village - Indasar, P.S. - Rajgarh, District - Charu State - Rajsthan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Adv.

For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2022 Heard learned counsel for the parties through video conferencing in view of COVID-19.

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

The petitioner is in judicial custody in connection with Case No.216C2/2021 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation that has come in the case is that on secret information, a four wheeler Mahindra Bolero Maxi Truck was intercepted and from its cabin behind the seat altogether 938.52 liters of Indian made foreign liquor was recovered/seized. The petitioner was accordingly arrested. The counsel for the petitioner Mr. Niranjan Parihar submits that he was driving the said vehicle and had no inkling

Patna High Court CR. MISC. No.69250 of 2021(2) dt.20-05-2022 2/3 of the carrying of the illegal foreign liquor in his truck and was under the impression of carrying goods from one place to other, being a native of Rajasthan. He further submits that for the said occurrence he has suffered by being in jail since 26.08.2021. Considering the aforesaid fact that charge sheet stand submitted and he is in jail since 26.08.2021, this Court is inclined to grant him the privilege of bail, subject to 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 Case No.216C2/2021 to the satisfaction of learned Additional District & Sessions Judge, IInd, Jamui, 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

Patna High Court CR. MISC. No.69250 of 2021(2) dt.20-05-2022 3/3 presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

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