Sanjay Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.39229 of 2016 (2) dt.27-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39229 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSUPAUL ======================================================

1. Sanjay Mandal Son of Late Brahmdeo Mandal, Resident of Lichi Bagan, Ward No. 4, Birpur, P.S.- Birpur, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 27.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 47(a) of the Bihar Excise (Amendment) Act.

Petitioner is said to have been caught while he was carrying 69 bottles each containing 300 ml country made liquor and 2 bottles each containing 180 ml Indian made foreign liquor. Submission on behalf of the petitioner is that nothing has been recovered from the possession of the petitioner and seized liquors belong to one unknown person who fled away seeing the informant and others but the petitioner was caught by the informant and others. Moreover, petitioner is in jail custody since 2.7.2016 without having any criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on

Patna High Court Cr.Misc. No.39229 of 2016 (2) dt.27-09-2016 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Birpur (Supaul) in Miscellaneous Case no. 51/2016. shahid (Hemant Kumar Srivastava,J) U T