Patna High CourtCR. MISC./78306/2018bail granted

Mohan Mandal v. The State Of Bihar

2019-01-17Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78306 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== Mohan Mandal Son of Sanjog Mandal Resident of - Bishambhar Patti, Ward no. - 12, P.O. P.S. - Hathauri, Distt. Muzaffarpur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Archana Sinha @ Archana Shahi For the Opposite Party/s :

Mr.Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special Case No. 1200 of 2018 (Excise Case No. 18 of 2018) registered for the offence punishable under Section 30(a) of the Excise Act.

Allegation against petitioner is of recovery of 63.75 litres of Royal Stag Whisky and 35.5 litres of bear from the Indica Car on which three accused persons including petitioner were travelling.

It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and he is in custody since 06.10.2018.

Patna High Court Cr.Misc. No.78306 of 2018(2) dt.17-01-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Araria, in connection with Special Case No. 1200 of 2018 (Excise Case No. 18 of 2018) subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T