Pappu Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11939 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Pappu Mandal, Son of Sahdeo Mandal.

2. Mitan Mandal, Son of Basudeo Mandal, Both Resident of MohallaSachchidanand Nagar, P.S.- Tilkamanjhi, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Kotwali (Tilkamanjhi) PS case no. 14 of 2018 registered for the offences punishable under Sections 30(a)/ 38(2) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 135 ltrs. of illicit liquor from the vehicle of one Bhola Mandal.

The learned counsel for the petitioners submits that neither any recovery has been made from the conscious possession of the petitioners nor the said vehicle belongs to the petitioners herein. It is further submitted that the petitioners have clean antecedents.

Patna High Court Cr.Misc. No.11939 of 2018 (2) dt.28-02-2018 2/2 Considering the nature of accusation and the fact that prima facie, no case is made out under the provisions of the Excise Act, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge-cumSpecial Judge (Excise) Bhagalpur in connection with Kotwali (Tilkamanjhi) PS case no. 14 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T