Ranjit Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74847 of 2022 Arising Out of PS. Case No.-332 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== RANJIT MANDAL Son of Vilash Mandal Resident of village - Barahi, P.S.- Parihar, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Excise P.S. Case No. 332 of 2022, registered for the offences punishable under Sections 30(A), 32(3) of Bihar Prohibition Excise Act 2018.

As per allegation, 45 litres of liquor was recovered from the motorcycle of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is under custody since 23.09.2022 i.e. more than six months.

On the other hand, the learned APP, Sri Shailendra Kumar has opposed the prayer for bail and submitted that during investigation, it was found that motorcycle was not belonging to the petitioner, to which the learned counsel for the petitioner has replied that there is nothing and in investigation that a motorcycle wherefrom the liquor was recovered, was a stolen

Patna High Court CR. MISC. No.74847 of 2022(4) dt.06-04-2023 2/2 motorcycle.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Excise Court-II, Sitamarhi in connection with Excise P.S. Case No. 332 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner. (ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(iii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (Nawneet Kumar Pandey, J) Nirmal/Kundan U T