Ramchandar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23910 of 2020 Arising Out of PS. Case No.-84 Year-2020 Thana- SIKTI District- Araria ====================================================== RAMCHANDAR MANDAL Son of Chaturanand Mandal Resident of Village- Nameua, Pipra, Ward No. 2, P.S.- Sikty (Bardaha O.P.), DistrictAraria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Mrityunjay Kumar Gautam, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2020 Heard Mr. Ramesh Kumar Singh, learned counsel for the petitioner and Mr. Mrityunjay Kumar Gautam, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Sikty P.S. Case No. 84 of 2020 corresponding to Special Case No.415 of 2020 registered for the offences punishable under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner as per the First Information Report is that on 02.05.2020 the Police on getting information from the villagers proceeded towards the place of occurrence and apprehended two persons on Motorcycle who disclosed their names as Chandan Kumar Mandal and
Patna High Court CR. MISC. No.23910 of 2020(2) dt.17-09-2020 2/3 Ramchandar Mandal (petitioner). On search, a total quantity of 43.500 litres of Nepali liquor has been recovered from the Motorcycle bearing registration No. BR-38Q-7065. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and referring to paragraph-8 of this petition he submits that neither the Motorcycle nor the liquor belonged to the petitioner. Learned counsel further submits that the Motorcycle as well as the illicit liquor has been handed over to the Police by the villagers. Learned counsel also submits that the petitioner has got no criminal antecedent and he is in custody since 3.5.2020. Having regard to the submissions made by the parties and taking into consideration the materials on record and also the fact that the petitioner is not the owner of the Motorcycle and he has got no criminal antecedent, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Araria, in connection with Sikty P.S. Case No. 84 of 2020 corresponding to Special Case No.415 of 2020
Patna High Court CR. MISC. No.23910 of 2020(2) dt.17-09-2020 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T