Tara Chandra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72937 of 2022 Arising Out of PS. Case No.-69 Year-2022 Thana- DHOLBAJJA District- Bhagalpur ====================================================== TARA CHANDRA MANDAL S/O SUBASH MANDAL Resident of villageBari Fatoriya, P.S.- Alam Nagar, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Dholbajja (Kdwa) P.S. Case No.69 of 2022, registered for the offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 54 litres of illicit liquor from a Scorpio vehicle and the petitioner is stated to be the owner of the said vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.72937 of 2022(2) dt.10-02-2023 2/3 been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 01.10.2022. The learned counsel for the petitioner has further submitted that the petitioner was not arrested from the spot and no illicit liquor has been recovered from his possession, however, he has been made an accused in the present case merely on basis that the vehicle in question is registered in the name of the petitioner.

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 fact that neither any illicit liquor has been recovered from the conscious possession of the petitioner nor he has been arrested from the spot, I deem it fit and proper to admit the petitioner to the privilege of bail.

Patna High Court CR. MISC. No.72937 of 2022(2) dt.10-02-2023 3/3 Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1, Bhagalpur in connection with Dholbajja (Kdwa) P.S. Case No. 69 of 2022.

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