Patna High CourtCR. MISC./26002/2017bail granted

Manish Kumar Mandal @ Manish Mandal v. The State Of Bihar

2017-07-05Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26002 of 2017 Arising Out of PS.Case No. -100 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Manish Kumar Mandal @ Manish Mandal S/o Tarachand Mandal, VillageBhagkohalia, Ward no.3, P.S.-Forbesganj, District-Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 17.02.2017 in connection with Forbesganj P.S. Case No. 100 of 2017, G.R. No. 545 of 2017 registered for the offence punishable under Section 30 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on a secret tip-off that some persons are carrying illegal Nepali liquor, they went there and saw 14-15 persons coming from Nepal Border. Amongst them, two persons, including the petitioner were apprehended and on search 24 litres of illegal Nepali liquor was recovered from the bag of the petitioner. The apprehended accused named about 14-15 persons,

Patna High Court Cr.Misc. No.26002 of 2017 (2) dt.05-07-2017 2/2 who were involved in the carriage of illegal liquor. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from the conscious possession of the petitioner and 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 2nd Additional Sessions Judge, Araria in connection with Forbesganj P.S. Case No. 100 of 2017, G.R. No. 545 of 2017. (Nilu Agrawal, J.) Arjun/- U T