Chandradeo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10035 of 2019 Arising Out of PS. Case No.-1164 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Chandradeo Mandal, Gender Male, Aged about 45 years, Son of Sri Ram Bilash Mandal, Resident of village-Gangjala Chowk, Ward No. 19, P.S.- Saharsa, District- Saharsa (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Gupta For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 26.10.2018 in a case registered for the offences punishable under Sections 30(a), 38(1), 47(1) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that on a secret information that the illicit liquor is being transported, a vehicle was intercepted from which 440 litres of illicit country made liquor were recovered. It is further alleged that the petitioner was driving the vehicle in question.

It is submitted by learned counsel for the petitioner that the alleged vehicle was parked in front of the shop of the

Patna High Court Cr.Misc. No.10035 of 2019(2) dt.20-02-2019 2/2 petitioner from which the recovery has been made and the petitioner has been framed in the present case. It is further submitted that investigation has already been concluded. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the recovery has been made from the car being driven by the petitioner. Considering the fact that investigation has already been concluded and offences under Excise Act is not quantity based, there is nothing on record to suggest that the ownership of the alleged car has been ascertained, coupled with statement made in paragraph no.

3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned Special Judge, Excise at Saharsa in connection with Saharsa Sadar P.S. Case No.1164 of 2018.