Mandole Yadav @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41947 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. Mandole Yadav @ Mantu Kumar Son of Upendra Yadav, Resident of Village- Singhia, Police Station- Nayaram Nagar, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-09-2016 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Nayaram Nagar P.S. Case No. 43 of 2015, disclosing offences under Sections 227/273 of the Indian Penal Code and Section 47(a) of the Bihar Excise Act.

Learned counsel for the petitioner has submitted that on the basis of secret information the police had visited the place where allegedly someone was keeping illicit foreign made liquor. On a cartoon, a person was found sitting who on seeing the police is said to have fled away. The police seized the said cartoon, which contained 40 bottles of whisky and another cartoon containing 30 bottles of whisky.

Learned counsel for the petitioner has submitted that

petitioner's name has been implicated on the basis of information given to the police by spy and some other persons. He has submitted that the petitioner has no criminal antecedent and he has never been found indulging any such offence in an earlier occasion.

Considering the above, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Sri Anil Kumar, learned ACJM, Ist Class, Munger in Nayaram Nagar P. S. Case No. 43 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U