Birendra Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.988 of 2022 Arising Out of PS. Case No.-472 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== BIRENDRA KUMAR MANDAL S/o Srinarayan Mandal Resident of VillageBarahi Ward No.-11, P.S.- Parihar, Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on two motorcycles being signaled to stop for checking, it is stated that the accused person on one of the motorcycle escaped while the petitioner who was on another motorcycle was caught. A total of 90 litres of liquor was recovered from the two motorcycles. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession or from his motorcycle. He has been

Patna High Court CR. MISC. No.988 of 2022(2) dt.08-06-2022 2/2 falsely implicated in the case. He is in custody since 4.10.2021 and has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner not having any criminal antecedent and having remained in custody for 8 months, the Court directs the petitioner to be enlarged on bail in connection with C2 Case no. 472 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J-II-cum- Special Judge, Excise Act, Sitamarhi.

(Partha Sarthy, J) Prakash/- U