Raj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10906 of 2020 Arising Out of PS. Case No.-196 Year-2004 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== Raj Kumar Mandal, Son of Manik Lal Mandal, Resident of Village- Choura Parwaha, P.S.- Forbesganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is apprehending arrest in connection with C.C. Case No. 196 of 2004 corresponding to Special Case No. 824 of 2017 for the offence under Section 47(a) of the Bihar Excise and Prohibition Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. In the instant case 100 kg raw material (mixture of molasses) was recovered from the bamboo clump and not from the house of the petitioner. It is alleged that the raw material was destroyed at the bamboo clump itself.

Considering the fact that petitioner has no criminal

Patna High Court CR. MISC. No.10906 of 2020(2) dt.03-03-2020 2/2 antecedent and nothing was recovered from his house rather from bamboo clump, the Court is inclined to grant bail to the petitioner, in the event of arrest or surrender within four weeks from today, on furnishing bail bond of Rs.50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge (Excise), Araria in connection with C.C. Case No. 196 of 2004 corresponding to Special Case No. 824 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) Rishi Kumar/- U T