Deepak Kumar Mandal @ Deepak Kumar @ Deepak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43752 of 2018 Arising Out of PS.Case No. -72 Year- 2018 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Deepak Kumar Mandal @ Deepak Kumar @ Deepak, son of Late Subash Mandal, resident of Mohalla Chunabatti, P.S. Lalit Narayan Mithila University (LNMU) (Vishwavidyalay), District Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagjit Roshan For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) and 41 of the Bihar Prohibition and Excise Act, 2016 and Section 25 (1-b) and 35 of the Arms Act.

9.75 liters of foreign liquor is said to have been recovered from a room situated in the house of Nitesh Kumar Mandal and three persons including the petitioner were apprehended from the said room and on the disclosure of the co-accused Aditya @ Adi one US made pistol along with magazine was recovered from the wash room of the said house.

It is submitted by learned counsel for the petitioner that no

Patna High Court Cr.Misc. No.43752 of 2018 (02) dt.19-07-2018 incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized article. He has been falsely implicated in this case due to animosity. He happens to be a student and was living in the aforesaid room during course of pursuing his study. Similarly situated co-accused, namely, Bittu Kumar has been enlarged on bail by a coordinate Bench of this Court in Cr. Misc. No.33233 of 2018 vide order dated 05.06.2018. He has no criminal antecedent and has been languishing in custody since 07.04.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV-cum-Special Judge, Darbhanga in connection with Lalit Narayan University (Vishwavidyalay) P.S. Case No.72 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T