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Patna High CourtCR. MISC./61404/2017bail granted

Sanjay Mandal v. The State Of Bihar

2017-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61404 of 2017 Arising Out of PS.Case No. -128 Year- 2017 Thana -SANOKHAR District- BHAGALPUR ======================================================

1. Sanjay Mandal S/o Tetar Mandal, R/o Village- Purani Motichak, P.S.- Sultanganj, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sanokhar PS case no. 128 of 2017 instituted for the offences punishable under Sections 188, 290 of Indian Penal Code and 30(A), 30(F) of the Bihar Prohibition and Excise Act, 2016. The allegation is that while co-accused Mithun Kumar was driving the car, the car was intercepted by the police and upon search, 320 ltrs. of liquor was recovered from the dicky. The petitioner is said to be sitting in the said car. It is submitted by the learned counsel for the petitioner that petitioner is not the owner of said car and it was not in his knowledge as to what was being carried in the said car. It

Patna High Court Cr.Misc. No.61404 of 2017 (2) dt.21-12-2017 2/2 is further submitted that main accused Mithun Kumar has already been granted bail. It is further submitted that the petitioner is in custody since 15.08.2017 having clean antecedent. Considering the nature of accusation, the period of custody undergone and clean antecedent, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise), Bhagalpur in connection with SanokharPS case no. 128 of 2017. (Mohit Kumar Shah, J) rinkee/- U T