Patna High CourtCR. MISC./14556/2018bail granted

Ram Baran Mandal v. The State Of Bihar

2018-03-14Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14556 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHAGALPUR ======================================================

1. Ram Baran Mandal, Son of Sri Aashan Mandal, Resident of VillageLailakh, P.S.- Sabour, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Excise Case No. 09 of 2018 for offences punishable under Section 30 (A) of Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the Excise Officials, is that the petitioner was apprehended carrying 40 liters of country made wine. Accordingly, prosecution report and seizure memo was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated due to highhandedness of the police. He

Patna High Court Cr.Misc. No.14556 of 2018 (2) dt.14-03-2018 2/2 submits that nothing has been recovered from his conscious possession but the said illicit liquor has been implanted. The petitioner is ready to cooperate in the investigation and undertakes to provide all necessary information and not to tamper with the evidence or prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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, Bhagalpur in connection with Excise Case No. 09 of 2018.

(Nilu Agrawal, J) Devendra/- U T