Mukesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23554 of 2018 Arising Out of PS. Case No.-214 Year-2017 Thana- Jogbani District- Araria ====================================================== Mukesh Mandal S/o Raj Kishor Mandal, R/o Village- Jhokhran, P.S.- Jogbani (Bathnaha), District- Araria.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

23-04-2018 Heard Sri Mukesh Kumar Rana, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Jogbani P.S. Case No. 214 of 2017 corresponding to Special Case No. 3281 of 2017 registered for offence under Sections 30(a), 38(i) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that petitioner has falsely been implicated due to some village politics. He submits that a case was made out, as if, petitioner was one of the rider of the motorcycle, which was intercepted by the police and police arrested two persons and it was alleged as if petitioner fled away and petitioner's name was disclosed by one Manoj Mandal, from whose possession, about 12 liter of

Patna High Court Cr.Misc. No.23554 of 2018(2) dt.23-04-2018 2/2 Nepali country-made liquor was recovered. Learned counsel for the petitioner has also drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent.

Considering the nature of accusation and clean antecedent, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Mukesh Mandal be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge, Araria in connection with Jogbani P.S. Case No. 214 of 2017, corresponding to Special Case No. 3281 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T