Birbal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78998 of 2019 Arising Out of PS. Case No.-174 Year-2019 Thana- KURSAILA District- Katihar ====================================================== 1.

Birbal Mandal Son of Anandi Mandal Resident of Village - Khairba Tola, P.S.- Kursela, Distt - Katihar.

2.

Mukesh Singh S/o Late Khalifan Singh Resident of Village - Sandhaba Basa, P.S.- Rangada, Distt - Bhagalpur.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Kursela P.S. Case No.174 of 2019 registered for offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

As per the allegation, 34.5 liters of foreign liquor has been recovered from a Tempo, however, counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner and he is in custody since 5.09.2019 having no criminal antecedent.

Considering the facts and circumstances of the case, the petitioners, above-named, are directed to be released on

Patna High Court CR. MISC. No.78998 of 2019(2) dt.04-12-2019 2/2 bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum-Special Judge, Excise Act, Katihar in connection with Kursela P.S. Case No. 174/2019 with a condition that if the petitioners, after their release in this case, are again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of their bail bonds.

(Shivaji Pandey, J) V.K.Pandey/- U T