Chandan Mandal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19633 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- KURSELA District- Katihar ======================================================
1. Chandan Mandal Son of Bateshwar Mandal Resident of VillageSimariya Toli, Tin Tanga.
2. Rohit Mandal Son of Pulisi Mandal Resident of Village- Tin Tanga Diyara Usrahiya.
Both resident under P.S. Rangara Chauk, Distt. Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar Mr. Bimal Kumar Ms. Maruti Kumari For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with Kursela P.S. Case no. 18 of 2018 registered under Sections 272, 273 of I.P.C. and Section 30(A) of Bihar Prohibition & Excise Act2016. 40 lts. of country made liquor is said to have been recovered from a bag kept on the motorcycle and petitioners were apprehended.
It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious
Patna High Court Cr.Misc. No.19633 of 2018(2) dt.27-04-2018 2/2 physical possession of the petitioners. They have no concern with the seized liquor. They have been falsely implicated in the case at the instance of their enemies by planting the aforesaid recovery from their possession. Petitioner no. 1 has no criminal antecedent while one more criminal case has been lodged against the petitioner no. 2, but he is on bail in the said case. They have been languishing in custody since 29.01.2018. 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 A.D.J.-II-cum-Special Judge, Excise, Katihar in connection with Kursela P.S. Case no. 18 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T