Shanakar Mandal @ Shankar Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11353 of 2019 Arising Out of PS. Case No.-258 Year-2018 Thana- KURSAKANTA District- Araria ====================================================== 1.

Shanakar Mandal @ Shankar Mandal, aged about 35 years, Gender Male, Son of Akshy Lal Mandal @ Acchay lal Mandal Resident of Village - Megra, Mehndipur, P.S.-Kursakanta, Distt.- Araria. 2.

Chandan Mandal, aged about 28 Years, Gender-Male, Son of Parmanand Mandal, Resident of Village - Megra, Mehndipur, P.S.-Kursakanta, Distt.- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-02-2019 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners are seeking anticipatory bail in connection with Kursakanta P.S. Case No. 258 of 2018 dated 09.12.2018 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that as per allegations the name of these petitioners have transpired in the statement of the co-accused Bahadur Mandal. Learned counsel submits that save and except the statement of the co-accused there is no other material to connect these petitioners with the recovery of illicit liquor. It is submitted that these petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.11353 of 2019(2) dt.26-02-2019 2/2 Learned APP for the State is present and has opposed the prayer for bail.

Having heard learned counsel for the petitioners and learned A.P.P for the State, in view of the submissions of the petitioners that save and except the statements of the co-accused there is no other material to connect these petitioners with the recovery of the illicit liquor and that they have no criminal antecedent, let in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cumSpl. Judge, Araria in connection with Kursakanta P.S. Case No. 258 of 2018 dated 09.12.2018, subject to the condition that petitioners shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) R.R.Ojha/- U T