Abhishek Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60423 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- SANOKHAR District- Bhagalpur ====================================================== Abhishek Mandal, S/o Ajay Mandal, R/o village- Raghopur Nankar, P.S.- Sahu Parbatta, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sanokhar (Aamdanda) P.S. Case No. 89 of 2019, registered under Sections 30(a) and 30(f) of the Bihar Excise Act, 2019. The accusation is that on receiving secret information about carrying illicit liquor loading on motorcycle from village Gopalpur, the informant started checking. At that time, two motorcycles were seen coming from village Gopalpur then signal was given to stop the motorcycle but one person boarding on motorcycle succeeded to flee away leaving his motorcycle while one person was apprehended with the motorcycle, who disclosed his names as Vidyanand Mandal and

Patna High Court CR. MISC. No.60423 of 2019(2) dt.24-09-2019 2/2 also disclosed the name of this petitioner, who succeeded to flee away. On search, 600 pouches each containing 200 ml country made liquor recovered from the both motorcycles. Learned counsel for the petitioner submits that petitioner was not apprehended at the spot rather his name has come in the confessional statement of co-accuse,d Vidyanand Mandal, who is said to be apprehended with the motorcycle. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge (Excise Act), Bhagalpur, in connection with Sanokhar (Aamdanda) P.S. Case No. 89 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T