Ram Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50968 of 2018 Arising Out of PS.Case No. -49 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictMADHUBANI ====================================================== Ram Kumar Mandal, Son of Lattu Mandal, Resident of VillageKodarkatta, Police Station- Basopatti District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
90 litres of Nepali liquor is said to have been recovered from the motorcycle and petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case by the personnel of Excise Department merely on suspicion while
Patna High Court Cr.Misc. No.50968 of 2018 (2) dt.20-08-2018 2/2 he was passing through the place of occurrence at the time of occurrence. The real culprit managed to escape dumping the aforesaid liquor there seeing the personnel of Excise Department. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 10.03.2018. Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Court of Additional District & Sessions Judge 2nd cum Special Judge, Excise Act, Madhubani in connection with G.O. Case No. 49 of 2018 (Prakash Chandra Jaiswal, J) Kr. Uday/- U T