Birendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48275 of 2017 ====================================================== Birendra Mandal, Son of Yugeshwar Mandal @ Jugal Mandal, R/o VillageChannipur, P.S.- Laukaha, District- Madhubani. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Ms. Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Laukahi P.S.Case No. 149/2017 registered for the offences punishable under sections 272, 273 of the Indian Penal Code and 30(a) of the Bihar Excise Act.

Allegation as per F.I.R. is that the police has got information that two persons brought huge quantity of Nepali liquor in a pick up van which was raided and the pick up van was intercepted and the petitioner has been arrested and 441 litres of Nepali liquor was recovered.

Submission of the learned counsel for the petitioner is that the petitioner is the driver of the pick up van and he has nothing to do with the seized article and he is in custody for more than two and half months having no criminal antecedent. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.48275 of 2017 (2) dt.12-10-2017 In view of the fact that the petitioner is only the driver of the pick up van and the F.I.R. itself shows recovery from the other co-accused persons, let the petitioner, abovenamed, be released on bail on furnishing bail bond of Rs.25,000/- (Rupess twenty five thousand) with two sureties of the like amount each to the satisfaction of the 2nd Addl. Sessions Judge cum Special Judge, Madhubani in connection with Laukahi P.S.Case No. 149/2017 (G.R.No. 271/2017), subject to the following conditions:- (i) One of the bailors shall be a local person having sufficient immovable properties in the jurisdiction of court concerned.

(ii) If involvement of the petitioner in such type of cases is found in future, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) Surendra/- U