Dinesh Mandal @ Dinesh Rikiyasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7703 of 2019 Arising Out of PS. Case No.-179 Year-2018 Thana- ROSHANGANJ District- Gaya ====================================================== Dinesh Mandal @ Dinesh Rikiyasan, aged about 39 years, Male, son of Raju Mandal Resident of village- Chaugain, P.S.- Roshanganj, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Roushanganj P.S. Case No. 179 of 2018 registered for offences under sections 30(a) of the Prohibition of Bihar Excise Act, 2016.

As per allegation, on secret information, a raid was conducted in the house of Dinesh Mandal (petitioner) from where 2 liters Mahua wine, kept in the aluminum pot, was recovered.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent.

Looking to the quantity of liquor recovered, let the petitioner, above named, in the event of his arrest or surrender

Patna High Court Cr.Misc. No.7703 of 2019(2) dt.11-02-2019 2/2 before the court below within a period of four weeks from today, 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 Special Excise Judge, Gaya in connection with Roushanganj P.S. Case No. 179 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

However, at the time of accepting bail bonds, the court below will verify and ensure itself regarding criminal antecedent of the petitioner and if it is found that the petitioner has clean antecedent, his bail bond will be accepted but, if it is found that the petitioner is involved in any other case before filing of the present case i.e. 7.2.2019, then he would not be released.

(Shivaji Pandey, J) rishi/- U T