Patna High CourtCR. MISC./10894/2017bail granted

Santosh Kumar Mandal v. The State Of Bihar

2017-03-28Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10894 of 2017 Arising Out of PS.Case No. -6 Year- 2016 Thana -SUIYA District- BANKA ====================================================== Santosh Kumar Mandal, Son of late Yogendra Mandal R/o Village- Marwa, P.S. Bihpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s : Mr. Sri Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor, for the State. The petitioner is languishing in judicial custody since 28.10.2016 in connection with Suia P.S. Case No. 06 of 2016 for offence alleged under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The prosecution case, as alleged by the police personnel, is that during the patrolling duty, they received a secret information that illegal liquor is being transported from Bengal. Accordingly, a white colour car was stopped. The petitioner was apprehended, who was trying to flee away and from the Car 45 liters of foreign liquor was recovered. Accordingly, a seizure list was prepared.

Patna High Court Cr.Misc. No.10894 of 2017 (3) dt.28-03-2017 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is innocent, there is no criminal history and nothing has been recovered from his conscious possession. It is further submitted that charge sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P., for the State, opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Suia P.S. Case No. 06 of 2016.

(Nilu Agrawal, J) S.Pandey/- U T