Suraj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80432 of 2019 Arising Out of PS. Case No.-264 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== 1.

SURAJ KUMAR MANDAL Son of Gopal Mandal Resident of Village - Laheriyaganj, Ward No.1, P.S.- Town, Distt.- Madhubani. 2.

Raja Mallik Son of Late Vijay Mallik Resident of Village - Laheriyaganj Ward No.1, P.S.- Town, Distt.- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seeks bail in connection with G.O. Case No. 264 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 135 litres of Nepali country made liquor from the motorcycle of petitioners on Indo-Nepal Boarder.

It has been submitted on behalf of petitioners that they have been falsely implicated in this case. Petitioners have no criminal antecedents and nothing was recovered from their

Patna High Court CR. MISC. No.80432 of 2019(2) dt.09-12-2019 2/2 possession. Petitioners are in custody since 18.11.2019. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with G.O. Case No. 264 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bond.

(S. Kumar, J) veena/- U T