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Patna High CourtCR. MISC./62882/2023allowed

Chunna Mandal v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62882 of 2023 Arising Out of PS. Case No.-117 Year-2023 Thana- INDUSTRIAL District- Bhagalpur ====================================================== CHUNNA MANDAL S/O RAMDAS MANDAL VILLAGE- RANI TALAB, PS- ZERO MILE, INDUSTRIAL AREA, DIST- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a)/37 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 4 liters of illegal country-made liquor from the house of the petitioner and the other co-accused were found in drunken condition.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized wine in question. On the basis of suspicion and due to his

Patna High Court CR. MISC. No.62882 of 2023(2) dt.22-09-2023 2/2 criminal antecedent, he has been falsely implicated in the present case. He further submitted that on the alleged date of occurrence the marriage of the petitioner's daughter was fixed thereafter in happy mood the relatives of the petitioner wanted party and in happy mood and due to inimical term someone given information to the police for demoralize in front of guest. He is languishing in judicial custody since 08.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Industrial Area P.S. Case No. 117 of 2023.

(Sunil Kumar Panwar, J) arish/- U T