Jeewachh Mandal @ Jeewach Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29408 of 2020 Arising Out of PS. Case No.-83 Year-2019 Thana- KHUTAUNA District- Madhubani ====================================================== Jeewachh Mandal @ Jeewach Mandal Son of Bishun Dev Mandal Resident of Village - Khushiyal Patti, P.S.- Khutauna, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

11-12-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Khutauna P.S. Case No. 83 of 2019, corresponding to G.R. No. 1523 of 2019, registered for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, 2748.45 liters of illicit liquor and 18000 kg. of salt have been recovered from a truck and Splendor motorcycle, which were seized behind the Primary School Durga Patti. It is alleged that aforesaid consignment was brought by this petitioner and other accused persons. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.29408 of 2020(2) dt.11-12-2020 2/2 Petitioner is neither owner nor driver of the truck or motorcycle in question and he has got no concern with the seized articles. It is stated in paragraph -3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. In the event of his arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd cum Special Judge, Excise Act, Madhubani, in connection with Khutauna P.S. Case No. 83 of 2019, corresponding to G.R. No. 1523 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay/- U T