Mihir Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11494 of 2020 Arising Out of PS. Case No.-87 Year-2019 Thana- BHARGAMA District- Araria ====================================================== Mihir Mandal Son of Ranjan Mandal Resident of Village- Simarbani, P.S.- Bhargama, District- Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Mandal For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 272, 273/34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2018.

The prosecution case, in short, is that 228.375 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 19-09-2019. Charge sheet/Prosecution report in this case has already been submitted. It is alleged that 30.6 liters wine is recovered. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge

Patna High Court CR. MISC. No.11494 of 2020(2) dt.28-02-2020 2/2 regarding the alleged incident. The other co-accused with similar allegation has been granted bail by coordinate bench of this court vide order dated 30-05-2019 passed in Cr. Misc. No. 35462 of 2019. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Araria in connection with Bhargama P.S. Case No. 87 of 2019 corresponding to Special Case No. 555 of 2019. (Sudhir Singh, J) A.K.V.//- U T