Patna High CourtCR. MISC./44560/2016bail granted

Jyotish Mandal @ Satish Mandal v. The State Of Bihar

2016-10-28Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.44560 of 2016 (2) dt.28-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44560 of 2016 Arising Out of PS.Case No. -259 Year- 2016 Thana -KATIHAR District- KATIHAR ====================================================== Jyotish Mandal @ Satish Mandal, son of Late Pyare Lal Mandal, resident of Mohalla - Koriya Tola, P.S. Katihar (Town), District - Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Advocate. For the Opposite Party/s : Mr. Sri Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Katihar (Town) P.S. Case No. 259 of 2016 registered under Sections 47(a), 49, 53 and 54 of the Excise (Amendment) Act, 2016.

The accusation is that, in course of raid of the house of Ratan Mandal @ Hadda, two bottles, each containing 1.5 litres country made liquor, recovered, while Ratan Mandal @ Hadda and this petitioner succeeded to flee away but one Shiv Kumar Sah was apprehended by the police.

Learned counsel for the petitioner submits that petitioner is not apprehended by the police at the house of Ratan

Patna High Court Cr.Misc. No.44560 of 2016 (2) dt.28-10-2016 Mandal, where three litres country made liquor is said to be recovered but due to ulterior motive the name of the petitioner is shown in the F.I.R.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Katihar (Town) P.S. Case No. 259 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T