Bhogendra Mandal @ Yogendra Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9732 of 2018 Arising Out of PS. Case No.-292 Year-2017 Thana- SURSAND District- Sitamarhi ======================================================

1. Bhogendra Mandal @ Yogendra Mandal Son of Late Bhula Mandal R/o Village - Simihaya, P.S. - Sursand, District - Sitamarhi.

2. Jhagru Mandal son of Bhogendra Mandal @ Yogendra Mandal R/o Village Simihaya, P.S. Sursand, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Sursand P.S. Case no. 292 of 2017 registered under Sections 30(a), 38, 41 of the Bihar Excise and Prohibition Act 2016.

From petitioner no. 1 (Bhogendra Mandal) 8.400 lts and from petitioner no. 2 (Jhagru Mandal) 9 lts. Nepali wine are said to have been recovered and seized and petitioners were apprehended.

It is submitted by the learned counsel for the petitioners that no incriminating article has been recovered from their conscious physical possession. Petitioners have been falsely

Patna High Court Cr.Misc. No.9732 of 2018(2) dt.19-02-2018 2/2 implicated in the case due to dirty village politics by planting the recovery of the aforesaid liquor. They have no concern with the seized liquor. They have no criminal antecedent. They have been languishing in custody since 08.11.2017. In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ADJ-IIcum-Special Judge, Excise Act, Sitamarhi in connection with Sursand P.S. Case no. 292 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T