Sharwan Kumar Mandal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47930 of 2018 Arising Out of PS.Case No. -115 Year- 2018 Thana -MANSI District- KHAGARIA ======================================================
1. Sharwan Kumar Mandal, Son of Bharat Mandal
2. Bikash Kumar Sharma, Umesh Sharma, Both are resident of Village Rangra, Police Station Rangra (out Post), District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
35 litres of foreign liquor is said to have been recovered from the possession of petitioner no.1 Sharwan Kumar Mandal while 48 litres of foreign liquor was recovered from the possession of petitioner no.2 Bikash Kumar Sharma. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no
Patna High Court Cr.Misc. No.47930 of 2018 (2) dt.06-08-2018 2/2 concern with the seized liquor. They have been falsely implicated in the case by the police merely on suspicion while they were standing at Mansi bus stand in the wait of the bus and real culprit managed to escape dumping the aforesaid liquor there seeing the police personnel. They have no criminal antecedent. They have been languishing in custody since 14.06.2018. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-I cum Special Judge, Excise, Khagaria in connection with Mansi P.S. Case No. 115 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T