Patna High CourtCR. MISC./63723/2018bail granted

Arvind Mandal And ANR v. The State Of Bihar

2018-10-29Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63723 of 2018 Arising Out of PS. Case No.-629 Year-2018 Thana- FORBESGANJ District- Araria ======================================================

1. Arvind Mandal Son of Shri Ganga Mandal @ Ganganand Mandal

2. Binod Mandal Son of Late Shri Agam Lal Mandal, Both Residents of Village- Khamkol, P.S. Forbesganj, District Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Special Case NO. 953 of 2018 arising out of Frbesganj P.S. Case No. 629 of 2018 registered for the offences punishable under Sections 30(i) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

Allegation against petitioners are recovery of 156 liters Nepali liquor from the possession of the petitioners. It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. They have been falsely implicated in this case due to highhandedness of the police. Nothing has been recovered from the possession

Patna High Court Cr.Misc. No.63723 of 2018(3) dt.29-10-2018 2/2 of the petitioner. The alleged recovery was made near the bank of river where it is laying. They have no criminal antecedent. They are in custody since 14.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Forbesganj P.S. Case No. 629 of 2018 (Special Case No. 953 of 2018).

(S. Kumar, J) Rajiv/ManojU T