Jai Mangal Rai @ Jai Mangal Yadav @ Jay Mangal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62251 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- PUNAURA District- Sitamarhi ====================================================== Jai Mangal Rai @ Jai Mangal Yadav @ Jay Mangal Ray Son Of Bhuyeel Rai R/O Village- Punaura Yadav Tola, P.S.- Punaura, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Mishra For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in connection with Punaura P.S. Case No. 72 of 2022 registered under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

There is alleged recovery of 206.100 litres illicit liquor from a village road from where three persons were fleeing away. Learned counsel for the petitioner submits that the village Chowkidar has inserted the petitioner's name in the case merely

Patna High Court CR. MISC. No.62251 of 2022(2) dt.13-01-2023 2/2 because of his antecedents. Even as per prosecution case, recovery is from open place which is accessible to one and all. There is no recovery from the petitioner and he is in custody since 05.05.2022. Learned APP has opposed the prayer for bail.

Considering the rival submissions, manner of recovery, nature of allegation and the fact that investigation is complete, this Court is inclined to allow the petitioner's prayer for bail. Prayer for bail of the petitioner is allowed.

Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Court-I, Sitamarhi in Punaura P.S. Case No. 72 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U