Tuntun Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30559 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -KODHA District- KATIHAR ======================================================

1. Tuntun Mandal son of Suresh Mandal, R/o village- Gosaigaon, P.S. Gopalpur, District- Bhagalpur

2. Lavkush Mandal S/o Late Wakil Mandal, R/o village- Moti Tola Pachosi Parbatta, P.S. Ismailpur, District- Bhagalpur

3. Rakesh Kumar Mandal son of Kare Mandal, resident of village Laxmipur Pakra, P.S. Naugachia, District- Bhagalpur .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dilip Kumar For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Sections 272, 273 of Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016.

It is alleged that 90 litres of country made liquor is said to have been recovered from the possession of the petitioners. It has been submitted on behalf of the petitioners that the petitioners are in custody since 14.04.2017. The charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that 90 litres

Patna High Court Cr.Misc. No.30559 of 2017 (2) dt.07-07-2017 2/2 of country made liquor is said to have been recovered from the possession of the petitioners. There is no compliance of section 100 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Katihar in connection with Korha P.S. Case No. 108 of 2017.

(Sudhir Singh, J) Amit/- U T