Rajesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32472 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -KATORIA District- BANKA ======================================================

1. Rajesh Kumar Mandal son of Sri Gurudeo @ Gurudeo Mandal, resident of Village- Ghorghat, P.S. Bariyarpur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-07-2017 This application is for grant of bail in connection with Katoria P.S. Case No. 45 of 2017 registered for the offence(s) under section(s) 30(A) (G) & 32 (2) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner, as per the FIR, is that 40 litres country made liquor was recovered from a 'Scorpio' vehicle and the petitioner and other co-accused were travelling in the said vehicle. The petitioner was arrested on chase. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case on the basis of suspicion and he has no criminal antecedent and has remained in judicial custody for three months. Heard learned Additional Public Prosecutor also. Having heard both sides, in view of the facts and

Patna High Court Cr.Misc. No.32472 of 2017 (2) dt.14-07-2017 2/2 circumstances, as stated above, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Katoria P.S. Case No. 45 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property 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 rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

(Vinod Kumar Sinha, J) Mahesh/- U T