Patna High CourtCR. MISC./68738/2023allowed

Subodh Mandal @ Subodh Kumar v. The State Of Bihar

2023-11-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68738 of 2023 Arising Out of PS. Case No.-338 Year-2023 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Subodh Mandal @ Subodh Kumar S/O Sukhraj Mandal R/O VillageSiyargarh, P.S- Goradih, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 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 Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 10 liters of illegal country-made liquor from the plastic bag of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the wine in question. The provision of Section 100 of the Cr.P.C. has not been followed in this case, while preparing the seizure list. He submitted that the petitioner

Patna High Court CR. MISC. No.68738 of 2023(2) dt.01-11-2023 2/2 undertakes that he will not abscond and shall co-operate in concluding the trial. He is languishing in judicial custody since 28.07.2023.

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 Exclusive Special Excise Judge-I, Bhagalpur in connection with Jagdishpur P.S. Case No. 338 of 2023.

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