Mukesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53765 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -ISMAILPUR District- BHAGALPUR ====================================================== Mukesh Mandal, Son of Shiv Charan Mandal, Resident of VillageLakshmipur Nij Tola, P.S.- Isamilepur, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashutosh Kumar For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 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) 38 (i) of the Bihar Prohibition and Excise Act, 2016.

33 litres foreign liquor and 14 litres of country made liquor are said to have been recovered from the Wasa/ Bathan of petitioner and the petitioner was 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 at the instance of his enemy. The place of recovery is open place

Patna High Court Cr.Misc. No.53765 of 2018 (2) dt.30-08-2018 2/2 and easily accessible to anyone. He had no knowledge of keeping the liquor there. He has no criminal antecedent. He has been languishing in custody since 15.07.2018.

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 Additional District and Session Judge, 2nd Cum Special Judge Excise, Bhagalpur in connection with Ismailpur (Naugachia) P.S. Case No. 29 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T