Dinesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59957 of 2017 Arising Out of PS.Case No. -140 Year- 2017 Thana -BHAGALPUR GRP CASE DistrictBHAGALPUR ====================================================== Dinesh Mandal S/o Late Jagdish Mandal, R/o Village- Dogacchi, P.S.- Nathnagar, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashutosh Kumar, Advocate For the Opposite Party/s : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bhagalpur GRPS Case No. 140 of 2017 instituted for the offences under Sections 30(A) and 37(c) of the Bihar Liquor and Excise Act, 2016 and Sections 25(1-A) (1-B)E and 26 of the Arms Act. The allegation against the petitioner is that while he was travelling in a train, the Police had made a search and found three bags from below the seat of the train where the petitioner was sitting and from the said bags 50 half made pistol and 8 pieces of country made liquor were recovered. It is further alleged that upon the petitioner being asked about the bags, he claimed to be the owner of the same as well as his mouth was smelling of the liquor.

Patna High Court Cr.Misc. No.59957 of 2017 (2) dt.03-01-2018 2/2 The learned counsel for the petitioner submits that the petitioner was a co-passenger in train and he has got a clean antecedent and he is languishing in custody since 17.07.2017. Considering the nature of accusation, the period of 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. 50,000/- (rupees fifty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bhagalpur in connection with Bhagalpur GRPS Case No. 140 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T