Abhishek Mandal @ Abhishek Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57121 of 2021 Arising Out of PS. Case No.-92 Year-2021 Thana- RUDRAPUR District- Madhubani ====================================================== Abhishek Mandal @ Abhishek Kumar Mandal Son of Late Ram Bilas Mandal Resident of Village- Harna, P.S.- Rudrapur, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Jha For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Rudrapur P.S. Case No. 92 of 2021, registered for the offence punishable punishable under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2018.
332 litres of foreign liquor has been recovered from Xylo car of which this petitioner was driver. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment which was being transported by the vehicle in question. Petitioner is in custody since 05.08.2021 having no criminal antecedent, as stated in para 3 of the petition.
Patna High Court CR. MISC. No.57121 of 2021(2) dt.17-12-2021 2/2 Investigation is complete.
Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to 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 the learned Additional Sessions Judge 2nd-cum-Special Judge Excise Act, Madhubani in connection with Rudrapur P.S. Case No. 92 of 2021. (Prabhat Kumar Singh, J) vinita/- U T