Arjun Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60508 of 2018 Arising Out of PS.Case No. -192 Year- 2018 Thana -KURSAKANTA District- ARRARIA ======================================================

1. Arjun Mandal, S/o Jaharmal Mandal @ Jawahar Mandal, R/o Khairkha, P.S.- Forbesganj, District- Araria.

2. Jitendra Das S/o Kalanand Das, R/o Bochabhag, Ward No .06, Khairkha, P.S.- Forbesganj, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr Bisheshwar Ram, A.P.P.. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The Petitioners seek regular bail in connection with Kursakanta P.S.Case No. 192 of 2018, registered for offences punishable under Sections 30 (a) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is of recovery of 68 bottles of 300 ml (Total 20.400 Ml.) Nepali wine from the possession of the petitioners and accordingly, seizure list has been prepared.

Submission of the learned counsel for the petitioners is that the petitioners have falsely been implicated in this case and

Patna High Court Cr.Misc. No.60508 of 2018 (2) dt.06-10-2018 2/2 nothing has been recovered from the possession of the petitioners and they are in custody since 31.08.2018.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional sessions Judgecum- Special Judge, Araria in connection with Special Case No. 1025 of 2018 arising out of Kursakanta P.S.Case No. 192 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T