Dulal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69521 of 2022 Arising Out of PS. Case No.-243 Year-2022 Thana- AMDABAD District- Katihar ====================================================== DULAL MANDAL Son of Arun Mandal @ Arun Mondal R/o Piyari Sarkar Tola, P.S.- Ratua, District - Malda (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Amdabad P.S. Case No. 243 of 2022 corresponding to G.R. No. 1736 of 2022, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. The allegation is regarding recovery of 517.8 litres of illicit foreign liquor from three vehicles including from the tractor of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is

Patna High Court CR. MISC. No.69521 of 2022(2) dt.09-02-2023 2/3 having a clean antecedent and he is languishing in custody since 14.10.2021. The learned counsel for the petitioner has further submitted that the petitioner used to engage in the work of carrying bricks on his tractor trolly for the purposes of delivering the same to the consignee, however, he has been falsely implicated in the present case on account of not paying levy charges to the police. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, apart from the fact that he is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

Patna High Court CR. MISC. No.69521 of 2022(2) dt.09-02-2023 3/3 sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Katihar in connection with Amdabad P.S. Case No. 243 of 2022 corresponding to G.R. No. 1736 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T