Md. Mannan @ Mannan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6488 of 2017 Arising Out of PS.Case No. -193 Year- 2016 Thana -BAUSI District- PURNIA ======================================================

1. Md. Mannan @ Mannan Son of Hasibur Rahman Resident of Village- Jogindara, P.S. Mahalgaon, District- Araria.

2. Md. Matin Son of Nasim Resident of Village Bhansia, P.S. Mahalgaon, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners are languishing in judicial custody since 06.11.2016 in connection with Baisi P.S. Case No. 193 of 2016 registered for the offence punishable under Section 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Prevention Act, 2016.

The prosecution case, as lodged by the police personnel, is that during course of search, they apprehended the petitioners with motorcycle and found 35 litres of foreign liquor from the motorcycle. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.6488 of 2017 (2) dt.06-03-2017 2/2 petitioners that they are innocent, have been falsely implicated and have no criminal antecedent. It has further been submitted that nothing has been recovered from the conscious possession of the petitioners.

However, learned A.P.P. for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Purnea in connection with Baisi P.S. Case No. 193 of 2016. (Nilu Agrawal, J.) Arjun/- U T