Allowed

Bablu Mandal v. The State of Bihar

Patna HC29 Aug 2022CR. MISC./30068/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a prohibition case involving country-made wine. The court directed the lower court to consolidate three pending cases against the petitioner in the same district for a speedy trial.

What did the court decide?

Bail granted on bond of Rs. 30,000 with two sureties; direction to consolidate three pending cases in one Special Court for same dates.

Bablu Mandal Vs The State of Bihar — Cheque Dishonour | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30068 of 2022

¶2

Arising Out of PS. Case No.-536 Year-2021 Thana- GOPALPUR District- Bhagalpur

¶3

======================================================

¶4

Bablu Mandal Son of Damodar Mandal Resident of- Village- Usarahiya, P.O.Tintanga Diyara, P.S.- Rangra, Dist.- Bhagalpur

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar .. ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar, Adv. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ======================================================

¶8

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

¶9

2 29-08-2022

¶10

Let the defect, if any, be removed within two weeks

¶11

from today.

¶12

Heard learned counsel for the petitioner and learned

¶13

A.P.P. for the State.

¶14

The petitioner seeks regular bail in connection with Gopalpur Rangra P.S. Case No. 536 of 2021 lodged under Sections 30(a) (b) and (c) of the Bihar Prohibition and Excise Act, 2016.

¶15

As per the prosecution case, total recovery of 20 litres country made wine alleged to be made and 1100 litres of half prepared country made wine were destroyed.

¶16

Learned counsel for the petitioner submits that the petitioner has not been apprehended from the place of

¶17

Patna High Court CR. MISC. No.30068 of 2022(2) dt.29-08-2022 2/4

¶18

occurrence and nothing was recovered from his possession. He further submits that petitioner is in custody since 02.01.2022, charge sheet has already been filed in this case. On the point of his criminal antecedent, he submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court.

¶19

Learned counsel for the State opposes the prayer for bail.

¶20

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-I, Bhagalpur in connection with Gopalpur Rangra P.S. Case No. 536 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

¶21

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

¶22

Patna High Court CR. MISC. No.30068 of 2022(2) dt.29-08-2022 3/4

¶23

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

¶24

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

¶25

activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

¶26

Speedy trial is the constitutional vision of justice. Admittedly, there are in total 3 cases pending (including present one) against the present petitioner which are as follows:

¶27

i. Naugachia P.S. Case No. 13 of 2020 lodged under Section 30(a) of the Excise Act.

¶28

ii. Gopalpur Rangra P.S. Case NO. 129 of 2021 lodged under Section 30(a) of the Excise Act.

¶29

iii. Gopalpur Rangra P.S. Case No. 536 of 2021 lodged under Sections 30(a) (b) and (c) of the Bihar Prohibition and Excise Act, 2016 (present case).

¶30

all cases belongs to same District and Session Division that is Bhagalpur.

¶31

Patna High Court CR. MISC. No.30068 of 2022(2) dt.29-08-2022 4/4

¶32

The District and Session Judge Bhagalpur is directed to do the needful so that all above mentioned cases be placed before one Special Court with same date.

¶33

Let the copy of the order be communicated to District and Session Judge Bhagalpur for perusal and necessary compliance.

¶34

With this observation, the bail application stands allowed.

¶35

(Dr. Anshuman, J)

¶36

sadique/-

¶37

U T

Bablu Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bablu Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bittu Sah @ Bitu Sah Vs The State of Bihar

Durga Kumar Vs the State of Bihar

Naresh Thakur Vs The State of Bihar

Basant Kumar Singh Vs The State of Bihar

Bipin Mandal Vs The State of Bihar

Viveka Yadav @ Bikwa Vs the State of Bihar