Patna High CourtCR. MISC./58296/2017bail granted

Rajesh Mandal @ Raju Kumar v. The State Of Bihar

2017-12-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58296 of 2017 Arising Out of PS. Case No.-376 Year-2017 Thana- KHAZANIHAT District- Purnia ====================================================== Rajesh Mandal @ Raju Kumar, S/o Hirdaay Lal Mandal @ Dev Narayan Mandal, resident of Village- Shiv Nagar, Nebalal Chowk, P.S.- Maranga, District- Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mr. RAJENDRA PRASAD NAT ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 272, 273/34 of the I.P.C. and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 17.250 liters wine is recovered from the open cattle shed.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.11.2017 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 17.250 liters wine is recovered from the open cattle shed. The name of the petitioner has come on the basis of confessional statement of the

Patna High Court Cr.Misc. No.58296 of 2017(2) dt.18-12-2017 2/2 co-accused made before police as per F.I.R. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Purnea in connection with Special Excise case No.1477 of 2017 arising out of K. Hat (Sahayak) P.S. case No.376 of 2017.

(Sudhir Singh, J) Narendra/- U T