Virendra Mandal @ Birendra Mandal @ Bile Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60390 of 2022 Arising Out of PS. Case No.-164 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== Virendra Mandal @ Birendra Mandal @ BILE MANDAL Son of Sate Mandal Resident of village - Basopatti, P.S.- Basopatti, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ratanakar Jha, Advocate For the State :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Basopatti P.S. Case No.164 of 2022 registered for the offence under Sections 272, 273 and 34 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 20.09.2022.

The allegation against the petitioner is to be in

Patna High Court CR. MISC. No.60390 of 2022(2) dt.24-11-2022 2/3 possession of illicit liquor, where, there was recovery of 75 litres of illicit Nepali liquor.

Learned counsel appearing on behalf of the petitioner submitted that petitioner was not apprehended on spot and admittedly recovery of illicit liquor was not made from his physical possession. It is submitted that petitioner is involved in three more criminal cases on the basis of suspicion due to said criminal antecedent, the petitioner has been implicated in the present case. While concluding the argument, it is categorically submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above, as the recovery of alleged illicit liquor not appears to be made from conscious physical possession of the petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Basopatti P.S. Case No.164 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.60390 of 2022(2) dt.24-11-2022 3/3 satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Tripathi/- U T