Suresh Mandal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58069 of 2018 Arising Out of PS.Case No. -635 Year- 2018 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Suresh Mandal, S/o Shivanand Mandal
2. Vijay Mandal S/o Late Ramjee Mandal, Both R/o Vill.- Khamkol, P.S.- Forbesganj, District- Araria.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in connection with Forbesganj P.S. Case No. 635 of 2018, Special Case No. 963 of 2018 for offences punishable under Section 30 (1) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that on secret information the motorcycle of the petitioners was intercepted and the petitioners were apprehended and on search from the motorcycle, 15 liters of country made wine was recovered in a bag. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.58069 of 2018 (2) dt.03-10-2018 2/2 petitioners that they are innocent, bear no criminal history and have been falsely implicated in the aforesaid case only on suspicion. He submits that nothing has been recovered from the conscious possession of the petitioners and that they have no concern with the alleged illicit liquor.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned IInd Additional Sessions Judge-cum-Special Judge, Araria, in connection with Forbesganj P.S. Case No. 635 of 2018, Special Case No. 963 of 2018.
(Nilu Agrawal, J) Devendra/Priyanka U T