Rajkumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44588 of 2018 Arising Out of PS.Case No. -982 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Rajkumar Mandal Son of Kishanlal Mandal Resident of Village - Bhagkholaiya, Ward No. - 06, P.S. - Forbesganj, District - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 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 Section 30 of the Bihar Prohibition and Excise Act, 2016.

6 liters of foreign liquor and 60 liters Nepali wine are said to have been recovered from the house of petitioner. Father of the petitioner was apprehended while the petitioner managed to escape.

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. The house of the petitioner is inhabited by his

Patna High Court Cr.Misc. No.44588 of 2018 (2) dt.24-07-2018 several family members and he had no knowledge of keeping of the said liquor in the house. He has been falsely implicated in this case due to dirty village politics. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 07.06.2018.

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 2nd Additional Sessions Judge-cum-Special Judge Excise Act, Araria in connection with Special Case No. 3364 of 2017 Forbesganj P.S. Case No. 982 of 2017of 2017.

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