Mithun @ Mithun Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39754 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- BALRAMPUR District- Katihar ====================================================== Mithun @ Mithun Kumar Mandal, Son of Vidyanand Mandal, Resident of Village - Kumhri, Kunhari, P.S.- Kadwa, Dist.- Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Balrampur P.S. Case No. 40 of 2019, registered under Section 30(a) of the Bihar Excise Act, 2016.
The accusation is of recovery of 192 bottles each containing 750 ml Indian made foreign liquor from the Tata Safari, which was being driven by Chandra Goshawami, who was apprehended by the police at the spot. Chandan Goshawami also disclosed that he is doing the business of illicit liquor with the petitioner.
Learned counsel for the petitioner submits that petitioner was not apprehended by the police at the spot rather
Patna High Court CR. MISC. No.39754 of 2019(2) dt.28-06-2019 2/2 his name has surfaced in the confessional statement of coaccused, Chandan Goshawami, who was driving the aforesaid vehicle and petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, 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 Learned A.D.J.-II-cumSpecial Judge, Katihar, in connection with Balrampur P.S. Case No. 40 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T