Baua Lal Mandal @ Baua Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.48485 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48485 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -BIRPUR District- SUPAUL ======================================================

1. Baua Lal Mandal @ Baua Mandal, Son of Kalar Mandal, Resident of Village- Bishanpur-Shivram, Police Station- Bhinpur, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 The petitioner seeks regular bail in connection with Birpur P.S Case No. 12 of 2017, registered for offences punishable under Sections 420 and 120 of the Indian Penal Code and Section 38(1), 41(1)(2) of the Bihar Prohibition and Excise Act, 2016 and Section 22(a)/23 of NDPS Act.

Prosecution case is that police on information intercepted a truck form which 12 kg of ganja and 1264 bottles each containing 300 ML of Nepali Saufi liquor and the driver of the said truck was trying to flee away from the place but met with an accident and caught by the police.

It has been submitted on behalf of the petitioner that he has not been arrested on spot rather his name disclosed by the villagers. Further he has no criminal antecedent and has been in

Patna High Court Cr.Misc. No.48485 of 2017 (2) dt.12-10-2017 judicial custody for last two months and other co-accused persons have been granted bail by coordinate Benches of this Court, which will appear from Annexure -2 of this petition. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. -II, Supaul, in connection Birpur P.S Case No. 12 of 2017. (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) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

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