Khirodhan Mandal @ Khirodhan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57779 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -JOGBANI District- ARRARIA ====================================================== Khirodhan Mandal @ Khirodhan Rai S/o Late Nankeshwar Mandal @ Nankeshwar Rai, R/o Village- Dhamdaha, Matiyari, Ward No. 12, P.S.- Jogbani, District- Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Prasad Singh, Advocate. For the Opposite Party : Mr. Shailendra Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 18.07.2017 in a case for the offence registered under Sections 272, 273 of the IPC, 30(i) and 38(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that 130.62 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.57779 of 2017 (2) dt.18-12-2017 2/2 petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 130.62 liters wine is recovered from the border of Nepal. Other co-accused person has been granted bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 51479 of 2017. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Araria, in connection with Spl. Case No. 2233 of 2017, arising out of Jogbani P.S. Case No. 109 of 2017. U.K./- (Sudhir Singh, J) U T