Ajay Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61678 of 2017 Arising Out of PS.Case No. -173 Year- 2017 Thana -DHURAIYA District- BANKA ====================================================== Ajay Kumar Mandal, son of Late Arun Mandal, resident of Village- Jhalar, P.S.- Mohanpur, District- Deoghar, (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dhoraiya P.S. Case No. 173 of 2017 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 15 liters of foreign liquor from a car in which the petitioner is said to be sitting.

The learned counsel for the petitioner submits that the petitioner is neither the owner nor the driver of the said car and he was merely a passenger. However, he has been falsely implicated in the present case. It is further submitted that the petitioner has a clean antecedent and he is in custody since 30.08.2017. Considering the nature of accusation, the period of

Patna High Court Cr.Misc. No.61678 of 2017 (2) dt.21-12-2017 2/2 custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-II, Banka in connection with Dhoraiya P.S. Case No. 173 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T