Arjun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21676 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- JOGBANI District- Araria ====================================================== ARJUN MANDAL, aged about 20 years, Male, Son of Late Pujanand Mandal, Resident of Village- Bhattabari, Mandal Tola, Ward No.13, P.S.- Forbesganj, Distt- Araria ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar Sharma, Adv.

For the Opposite Party :

Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-07-2020 Mr. Sanjay Kumar Sharma, learned counsel appearing on behalf of the petitioner, prays that the defects, as pointed out by the office note, dated 03.07.2020, will be removed within two weeks just after starting the functioning of physical Court. In view of the undertaking, the prayer of the learned counsel for the petitioner is allowed.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks bail in connection with Special Case No. 170 of 2020 arising out of Jogbani P.S. Case No. 41 of 2020, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that in course of patrolling duty by the informant and other Sashastra Seema Bal personnel, four

Patna High Court CR. MISC. No.21676 of 2020(2) dt.10-07-2020 2/2 persons were seen coming in India crossing the Nepal border having sack on their heads. On seeing the informant and other Sashastra Seema Bal personnel they started to flee away throwing the sacks, but, one was apprehended, who disclosed his name Arjun Mandal. On search of four sacks, 420 bottles, each of 300 Nepali liquor, were found.

Submission is that the petitioner has no criminal antecedent and is in custody since 12.02.2020. Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 170 of 2020 arising out of Jogbani P.S. Case No. 41 of 2020 to the satisfaction of the Additional Sessions Judge IIcum-Special Judge, Araria. (Rajendra Kumar Mishra, J) Shamshad/- U T