Shyam Mandal @ Shyam Pd. Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53844 of 2017 Arising Out of PS.Case No. -282 Year- 2017 Thana -JOKIHAT District- ARRARIA ======================================================

1. Shyam Mandal @ Shyam Pd. Mandal, S/o Sahat Lal Mandal, Resident of Village- Baharbari, P.S. Jokihat, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Jokihat P.S.Case No.282 of 2017 registered for offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a) & 48(1) of the Bihar Excise Act, 2016.

Allegation against the petitioner about recovery of 98 ltrs. of liquor form the possession of the petitioner. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case, he has no criminal antecedent and he is in custody for about 3 months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be

Patna High Court Cr.Misc. No.53844 of 2017 (2) dt.21-11-2017 2/2 enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-2-cum-Special Judge, Bihar Prohibition & Excise Act, 2016, Araria in connection with Jokihat P.S.Case No.282 of 2017.

With 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 co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T