Patna High CourtCR. MISC./50664/2018bail granted

Ashok Mandal v. The State Of Bihar

2018-08-18Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50664 of 2018 Arising Out of PS.Case No. -84 Year- 2018 Thana -SIKTI District- ARRARIA ====================================================== Ashok Mandal Son of Sahab Lal Mandal Resident of Village- Khurkhuriya, Ward No. 04, P.S. Tedagacha, Dist. Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 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) of the Bihar Prohibition and Excise Act, 2016.

27 litres of Nepali saufi wine is said to have been recovered from the motorcycle and the petitioner and one another accused, namely Keshav Mandal were apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case by the police merely on suspicion while he was passing through

Patna High Court Cr.Misc. No.50664 of 2018 (2) dt.18-08-2018 2/2 the place of occurrence at the time of occurrence. The real culprit managed to escape dumping the aforesaid liquor there seeing the police personnel. He has no criminal antecedent. He has been languishing in custody since 08.06.2018.

Considering the facts aforesaid, 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 2nd Additional Sessions Judge cum Special Judge, Araria in connection with Sikty P.S. Case No. 84 of 2018 corresponding to Sepecial Case No. 668 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T