Shibu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 56589 of 2017 Arising Out of PS. Case No.-83 Year-2017 Thana- Laukahi District- Madhubani ====================================================== Shibu Mandal S/o Late Chhedi Mandal R/o Village- Thadhi, P.S.- Laukahi, District- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-12-2017 Heard Sri Arvind Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 17-05-2017 in Laukahi P.S. Case No. 83 of 2017 registered for offence under Sections 272, 273/34 of the Indian Penal Code and Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that petitioner is in custody on accusation of carrying Nepali country-made liquor. By way of referring to F.I.R., learned counsel for the petitioner submits that in the case, police had seen three accused persons carrying country-made liquor on three bicycles, however; after seeing the police, other two accused persons fled away, whereas, the petitioner was

Patna High Court Cr.Misc. No.56589 of 2017(2) dt.04-12-2017 2/2 apprehended. It has been argued that from the bicycle of the petitioner, only 7.2 liter of country-made liquor was shown to be recovered, but in the seizure list or in the F.I.R., nothing has been indicated as to what quantity was recovered from each bicycle. Total recovery of 225 liters has been shown. Learned counsel for the petitioner submits that petitioner is having clean antecedent, which fact has been stated in paragraph - 3 of the petition.

Considering the nature of accusation, clean antecedent as well as period of custody, let the petitioner namely Shibu Mandal be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II cum Special Judge, Excise Act, Madhubani in connection with Laukahi P.S. Case No. 83 of 2017.

(Rakesh Kumar, J.) anay U T