Patna High CourtCR. MISC./49031/2016bail granted

Mahesh Kumar Mandal v. The State Of Bihar

2016-12-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49031 of 2016 Arising Out of PS.Case No. -85 Year- 2016 Thana -DAGARUA District- PURNIA ======================================================

1. Mahesh Kumar Mandal Son of Hari Mandal @ Hathi Mandal residents of Village- Rajwara, P.S.- Rautara, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Nand Poddar For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 12.08.2016 in connection with Dagarua P.S. Case No. 85 of 2016, registered offences punishable under Section 273 of the Indian Penal Code and Section 47 of the Excise Act.

Allegation against the petitioner is of possessing 18.160 litres of foreign liquor It is submitted on behalf of the petitioner that the alleged liquor has not been recovered from the conscious possession of the petitioner rather the same has been recovered from the driver of the motorcycle. It has also been submitted that another co-accused, namely, Akhilesh Mandal has been granted the privilege of bail by

Patna High Court Cr.Misc. No.49031 of 2016 (2) dt.13-12-2016 2/2 this Court vide order, dated 09-12-2016 passed in Criminal Miscellaneous No. 47265 of 2016.

Having heard both the sides and considering the fact that the co-accused of this case, namely, Akhilesh Mandal has already been granted the privilege of bail by this Court vide order, dated 09-12-2016 passed in Criminal Miscellaneous No. 47265 of 2016 and also the fact that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri P.K. Mohit, learned Sub-Judge-II, Purnia in connection with Dagarua P.S. Case No. 85 of 2016.

(Vinod Kumar Sinha, J) sunil/- U T