Mangal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14418 of 2018 Arising Out of PS.Case No. -127 Year- 2017 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Mangal Kumar S/o Sikandar Rai, R/o Village- Pasopur, P.S.- Bhagwanpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Sinha For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 04.01.2018 in connection with Bhagwanpur P.S. Case No. 127/2017 for offences punishable under Sections 30, 30(a) 37(b) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on a secret tip off that a truck containing huge consignment of illicit liquor is being unloaded near the brickkiln, the police reached there and apprehended three persons whereas about 7-8 managed to flee away, who were named by the apprehended accused in which the name of the petitioner also figured. 570 litres of illicit liquor was also recovered and accordingly, a seizure-list was prepared.

Patna High Court Cr.Misc. No.14418 of 2018 (2) dt.14-03-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, is a poor labourer and had nothing to do with the illicit liquor. Petitioner is ready to cooperate with the investigation, provide all necessary information and undertakes not to tamper with the evidence or prosecution witnesses. It is also submitted that three of the coaccused apprehended by the police have been granted privilege of bail by coordinate Benches of this Court in Cr. Misc. No. 55438 of 2017 vide order dated 17.11.2017 and Cr. Misc. No. 2422 of 2018 vide order dated 23.01.2018 and that the petitioner was not even apprehended on the spot.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise Act), Begusarai, in connection with Bhagwanpur P.S. Case No. 127/2017.

(Nilu Agrawal, J) Rajesh/- U T