Patna High CourtCR. MISC./55974/2018bail granted

Ashok Mandal @ Ashok Kumar v. The State Of Bihar

2018-09-28Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55974 of 2018 Arising Out of P.S.Case No. -112 Year- 2018 Thana -CHERIYA BARIYARPUR DistrictBEGUSARAI ====================================================== Ashok Mandal @ Ashok Kumar S/o Ganeshi Mandal, R/o Vill.- Parsa, P.S.- Hathori, District- Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-09-2018 Heard learned counsels for the petitioner and the State. The petitioner is in custody in connection with Cheriya Bariyarpur P.S.Case No.112 of 2018 registered for an offence under Section 290 of the IPC and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

It has been submitted that the petitioner is a Khalasi of vehicle. He had no concern with the recovered materials. Petitioner is in custody since 26.06.2018 having clean antecedent. The driver of the said vehicle has been allowed bail by a coordinate Bench of this Court in Cr.Misc.No.56188 of 2018 and the case of this petitioner stands on similar footing. The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances,

Patna High Court Cr.Misc. No.55974 of 2018 (2) dt.28-09-2018 2/2 prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum-Special Judge, Excise Begusarai in connection with Cheria Beriyarpur P.S.Case No.112 of 2018 with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T