Pappu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37917 of 2017 Arising Out of PS. Case No.-100 Year-2017 Thana- Forbesganj District- Araria ====================================================== Pappu Mandal, Son of Khaleshwar Mandal, Resient of Village- Chaura Parwaha, Bhagkohaliya, P.S.- Forbesganj, District- Araria, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kashyap Kaushal For the Opposite Party/s :

Mr. Akshay Lal Pandit =========================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

21-09-2017 Heard Sri Kashyap Kaushal, learned counsel for the petitioner and Sri Akshay Lal Pandit, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Forbesganj P.S. Case No. 100 of 2017 registered for offence under Section 30 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that petitioner has been made accused on the basis of confessional statement of two co-accused, from whose possession 24 liter and 27 liter each of Nepali country-made liquor was recovered. He submits that ofcourse from the place, from where two persons were arrested, huge quantity of Nepali

Patna High Court Cr.Misc. No.37917 of 2017(4) dt.21-09-2017 2/2 country-made liquor was recovered, but petitioner has falsely been made accused in the present case, whereas, the petitioner is having clean antecedent, as stated in paragraph - 3 of the petition.

Considering the nature of accusation, the fact that petitioner's name has come on the confession of co-accused as well as clean antecedent of the petitioner, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Pappu Mandal 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 Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 100 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T