Sohit Mandal @ Sorit Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48593 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Sohit Mandal @ Sorit Mandal S/o Aasni Mandal @ Ashok Mandal, R/o Vill.- Sachidanand Nagar, P.S.- Tilkamanjhi, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey For the Opposite Party/s : Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2018 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 38 (2) of the Bihar Prohibition and Excise Act, 2016.
40 liters of country made liquor is said to have been recovered from the house of the petitioner.
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 this case at the instance of his enemy. The house of the petitioner is inhabited by
Patna High Court Cr.Misc. No.48593 of 2018 (02) dt.08-08-2018 - 2 - his several family members and he had no knowledge of keeping of the said liquor in the house. He was not apprehended on the spot. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 16.04.2018. 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 Additional Sessions Judge-II-cum-Special Judge Excise, Bhagalpur in connection with Kotwali (Tilkamanjhi) P.S. Case No. 14 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T