Patna High CourtCR. MISC./74582/2022allowed

Surendra Mandal @ Fudi Mandal v. The State Of Bihar

2023-03-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74582 of 2022 Arising Out of PS. Case No.-138 Year-2022 Thana- BIRPUR District- Supaul ====================================================== Surendra Mandal @ Fudi Mandal Son Of Late Mahavir Mandal R/VRaniganj, P.S.- Birpur (Bhimpur O.P.), District- Supaul ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 354 litres of Nepali liquor from an Auto BR-50-GA-0153 and two motorcycles.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the seized vehicles. The name of the

Patna High Court CR. MISC. No.74582 of 2022(2) dt.23-03-2023 2/2 petitioner sprang up in this case on the basis of secret information. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 11.08.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under 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 In-charge Special Judge, Excise, Court No. 2, Supaul in connection with Birpur (Bhimnagar O.P.) P.S. Case No. 138 of 2022.

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