Amrit Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34276 of 2018 Arising Out of PS.Case No. -66 Year- 2018 Thana -NIRMALI District- SUPAUL ====================================================== Amrit Mandal, Son of Ayodhi Mandal, resident of Nirmali Ward No. 2, Police Station- Nirmali, District- Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

22.100 litres of Nepali wine is said to have been recovered from the motorcycle 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. He has no concern with the seized liquor. He has been falsely implicated in the case by the police merely on suspicion while he was passing through

Patna High Court Cr.Misc. No.34276 of 2018 (4) dt.02-07-2018 2/2 the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid liquor there seeing the police party. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 17.05.2018. Considering the facts aforesaid, 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 Additional District & Sessions Judge-II Cum Special Judge, (Excise), Supaul in connection with S.T. (Excise) No. 390 of 2018, arising out of Nirmali P.S. Case No. 66 of 2018.

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