Barku Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51322 of 2016 Arising Out of PS.Case No. -257 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Barku Mandal S/o Damodar Mandal Resident of Village- Jairampur ward No. 10, P.S. Murliganj, distt- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mira Kumari, Advocate For the Opposite Party/s :Mr.Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 09.09.2016 in a case registered for offences punishable under Section 47 (a) of Bihar Excise (Amendment) Act, 2016.

The prosecution case as lodged by the informant Dinesh Prasad Singh, Sub Inspector, Murliganj Police Station is that when the police on secret information reached near the place of occurrence along with armed forces, one person started to flee away after seeing the police force from his fruit shop but was apprehended and disclosed his name as Barku Mandal (petitioner). After search two liters Mahua wine were recovered and on demand the petitioner did not produce any paper.

Patna High Court Cr.Misc. No.51322 of 2016 (2) dt.01-12-2016 2/2 It has been submitted by the learned counsel for the petitioner that the petitioner has no criminal history and nothing has been recovered from his conscious possession and he has been falsely implicated in the aforesaid case.

Learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence, opposes the prayer for bail. Considering the facts and circumstances and that charge sheet has already been submitted, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each the to the satisfaction learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No. 257/2016.

(Nilu Agrawal, J) Sudha/- U T