Murari Kumar Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.21013 of 2017 (2) dt.17-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21013 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -DAGARUA District- PURNIA ====================================================== Murari Kumar Mandal, Son of Ram Bilash Mandal, Resident of Village Pologram Gulabbag, Police-Station- Sadar, District- Purnia. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishwanath Prasad Singh For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Dagarua P.S. Case No. 38 of 2017, registered under Section 273 of the Indian Penal Code and Section 30(a) of the Excise Act, 2016. The accusation is of recovery of 11 bottles each containing 750 ml Indian made foreign liquor concealing in the tempo, in which, petitioner was found sitting. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion as petitioner was suffering on this tempo as passenger. It is further submitted that petitioner has no criminal antecedent and is in custody since 22.03.2017.

Patna High Court Cr.Misc. No.21013 of 2017 (2) dt.17-05-2017 Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional District Judge-cum-Special Judge (Excise Act Purnia) in connection with Special Excise Case No. 84 of 2017 arising out of Dagarua P.S. Case No. 38 of 2017. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T