Patna High CourtCR. MISC./10550/2017bail granted

Deepak Kumar Mandal v. The State Of Bihar

2017-03-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10550 of 2017 Arising Out of PS.Case No. -335 Year- 2016 Thana -BAHERA District- DARBHANGA ====================================================== Deepak Kumar Mandal, son of Ganesh Mandal, resident of Village Kameshwar Nagar, P.S. Hathauri, District- Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Jha, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with G.O. Case No. 112 of 2016, arising out of Bahera P.S.Case No. 335 of 2016 registered for the offences punishable under Sections 30(a) and 37(b) of Bihar Prohibition and Excise Act, 2016. It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and he has remained in custody for about three months. Heard learned APP also, who has opposed the prayer for bail stating that 12 bottles of Royal Stag, each containing 750 ml., wine were recovered.

Having heard both sides and in view of the allegation and the period in custody, let the petitioner, above named, be

Patna High Court Cr.Misc. No.10550 of 2017 (2) dt.21-03-2017 2/2 released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge-cum-Sessions Judge, Darbhanga, in connection with G.O. Case No. 112 of 2016, arising out of Bahera P.S.Case No. 335 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U