Mankeshwar Pandey @ Mankesar Pande And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56606 of 2018 Arising Out of PS. Case No.-92 Year-2018 Thana- NAUTAN District- Siwan ======================================================

1. Mankeshwar Pandey @ Mankesar Pande Son of Ram Badhai Pandey @ Ram Varai Pandey.

2. Hare Ram Yadav Son of Late Ram Prasad Yadav @ Ram Prasad Chaudhari, Both are residents of Village- Galimapur, Police Station- Nautan, District- Siwan.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-09-2018 Heard learned counsel for petitioners and learned counsel for the State.

It has been submitted by the learned counsel for the petitioner that during pendency of this petition petitioner No. 1 Mankeshwar Pandey @ Mankesar Pande has already surrendered and at present he is in judicial custody, as such the anticipatory bail petition on his behalf become infructuous and is being dismissed.

Petitioner no.2 is apprehending his arrest in connection with Nautan P.S. Case No. 92 of 2018 for the offences registered under Sections 272, 273, 308 and 34 of the Indian Penal Code and 30(A), 38(A) and 41(i) of Bihar Prohibition and Excise Act,

Patna High Court Cr.Misc. No.56606 of 2018(2) dt.13-09-2018 2/2 2016.

Foreign liquor has been recovered from bush near Brahmsthan. Nothing has been recovered from the possession of the petitioner. He has no criminal antecedent. Considering the facts and circumstances of the present case, let petitioner No. 2 Hare Ram Yadav, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Nautan P.S. Case No. 92 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) Rajiv/manoj U T