Santosh Mandal @ Santosh Kr Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23866 of 2017 Arising Out of PS. Case No.-57 Year-2017 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Santosh Mandal @ Santosh Kr Mandal , son of Dhanraj Mandal, Resident of Village- Purandhaha, P.S.-Purandhaha, District- Deoghar, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Smt. Shama sinha For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-11-2017 Heard Smt. Shama Sinha, learned counsel for the petitioner and Sri Md. Fahimuddin, learned Additional Public Prosecutor.

The sole petitioner , apprehending his arrest in Begusarai Town P.S. Case No. 57 of 2017, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that there is no cogent material to implicate the petitioner in the present case and petitioner, on only secret information, has been made accused. She further submits that earlier in this case , case diary was called for, which has been received and in case diary also there is no other material to connect the

Patna High Court Cr.Misc. No.23866 of 2017(5) dt.09-11-2017 2/2 petitioner with the present case.

Sri Md. Fahimuddin , learned Additional Public Prosecutor after examining the case diary submits that some Police officials have stated that petitioner was involved in the occurrence, however , fact remains that nothing was recovered either from conscious possession of the petitioner or from the house or land of the petitioner and petitioner has been made accused only on suspicion.

Considering the facts and circumstances , in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Santosh Mandal @ Santosh Kr Mandal be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/ concerned court in connection with Begusarai P.S. Case No. 57 of 2017 subject to the conditions as contemplated under section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T