Devan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21315 of 2018 Arising Out of PS. Case No.-146 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Devan Mandal, son of Rajendra Mandal, Resident of Village- Rani Talab (Sabour Road), P.S. Zero Mile, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seek bail in connection with Khagarai P.S. Case no. 146 of 2018 registered under Sections 272, 273 of the I.P.C. and Section 30(a) of Bihar Prohibition & Excise Act2016. 30.12 lts. of foreign liquor is said to have been recovered from beneath the seat of the tempo of the driver. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in the case at the instance of his enemy. He had no knowledge of keeping of the

Patna High Court Cr.Misc. No.21315 of 2018(2) dt.16-04-2018 2/2 said liquor beneath his seat by someone. He has no criminal antecedent. He has been languishing in custody since 17.03.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III-cum-Special Judge, Excise, Khagaria, district-Khagaria in connection with Khagarai P.S. Case no. 146 of 2018.

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