Patna High CourtCR. MISC./1763/2018bail granted

Bajrangi Mandal v. The State Of Bihar

2018-01-24Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1763 of 2018 Arising Out of PS.Case No. -297 Year- 2017 Thana -NAUGACHIA District- BHAGALPUR ======================================================

1. Bajrangi Mandal, Son of Jay Ram Mandal, Resident of VillageAjmabad, Police Station- Gopalpur, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Naugachia P.S. Case No. 297 of 2017 registered under Section 30 (a) & 38 (i) of the Bihar Prohibition and Excise Act, 2016.

13.875 liters of foreign liquor kept in two bags is said to have been recovered from the tempo of the petitioner and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. As a matter of fact, the petitioner happens to be the driver of the tempo and some person while travelling in the said tempo along with the bags,

Patna High Court Cr.Misc. No.1763 of 2018 (02) dt.24-01-2018 - 2 - seeing the police party left the bags in the tempo and escaped. The petitioner had no knowledge about keeping the liquor in the said bags. He has been falsely implicated in this case. He has no criminal antecedent. The petitioner has been languishing in custody since 26.11.2017.

In the facts and circumstances of the case, the above named petitioner 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 Special Judge Excise, Bhagalpur in connection with Naugachia P.S. Case No. 297 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T