Bipin Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70268 of 2019 Arising Out of PS. Case No.-242 Year-2019 Thana- KURSAKANTA District- Araria ====================================================== Bipin Kumar Mandal Son of Krityanand Mandal, Resident of Village - Dengri, Ward No. 06, P.S.- Kursakanta, District - Araria. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Special Case No. 1272 of 2019 arising out of Kursakanta P.S. Case No. 242 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has denied the alleged recovery of 21 liters illicit liquor which has not been recovered from the possession of the petitioner. The petitioner is in custody since 22.09.2019.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.70268 of 2019(2) dt.04-12-2019 2/3 bail.

Considering the facts and circumstances of the case, wherein it is the submission of learned counsel for the petitioner that 21 liters of illicit liquor is said to have been recovered from the possession, the petitioner has remained in custody since 22.09.2019 and now investigation is complete against him and charge-sheet has already been filed there being no criminal antecedent, let the petitioner above named be released on bail in connection with Special Case No. 1272 of 2019 arising out of Kursakanta P.S. Case No. 242 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions-cum-Special Judge, Araria, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.70268 of 2019(2) dt.04-12-2019 3/3 disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T