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Patna High CourtCR. MISC./25022/2018bail granted

Sudhir Mandal v. The State Of Bihar

2018-05-01Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25022 of 2018 Arising Out of PS. Case No.-46 Year-2018 Thana- KURSELA District- Katihar ====================================================== Sudhir Mandal S/o Laxman Mandal R/o Kursela Basti, P.O. A.G. Bazar, P.S. Kursela, Distt. 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. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kursela P.S. Case no. 46 of 2018 registered under Sections 272, 273 of I.P.C. and Section 30(a) of Bihar Prohibition & Excise Act2016. 15 lts. of country made liquor is said to have been recovered from the house of the petitioner and petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. The house from where the aforesaid liquor is

Patna High Court Cr.Misc. No.25022 of 2018(2) dt.01-05-2018 2/2 said to have been recovered, is inhabited by several other family members of the petitioner and he had no knowledge of keeping of the said liquor in the house. Moreover, seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 22.03.2018.

In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Addl. Sessions Judge-II-cum-Special Judge, Excise, Katihar in connection with Kursela P.S. Case no. 46 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T