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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78969 of 2018 Arising Out of PS. Case No.-630 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== Rakesh Kumar Mandal @ Rakesh Kumar Son of Adhik Lal Mandal @ Abhik Lal Mandal, Resident of village- Achra, P.S.- Fulkaha, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Smt. Anita Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Narpatganj P.S. Case No. 630 of 2018 corresponding to Special Case No, 1358 of 2018, registered for the offences punishable under Sections 30(A) Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 100.8 liters of Nepali liquor from the possession of the petitioner from motorcycle which was being driven by him.

It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in this case and nothing was recovered from his possession. He has no criminal antecedent and is in custody since 29.10.2018.

Patna High Court Cr.Misc. No.78969 of 2018(2) dt.29-01-2019 2/2 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Araria, in connection with Narpatganj P.S. Case No. 630 of 2018 corresponding to Special Case No. 1358 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T