Patna High CourtCR. MISC./78983/2018bail granted

Raj Kishore Mandal v. The State Of Bihar

2019-01-29Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78983 of 2018 Arising Out of PS. Case No.-546 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Raj Kishore Mandal, S/o Late Surajdeo Mandal @ Late Shukhdeo Mandal R/o village- Majhaulia P.S. - Bathnaha, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha, Adv.

For the Opposite Party/s :

Mr.Sri Humayou Ahmad Khan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with C2/546/18 registered for the offences punishable under Section 30(A) Bihar Prohibition and Excise Act, 2016.

Informant has alleged that while he was on patrolling duty from petitioner and one co-accused 18 liters Nepali Saufi wine was recovered from their joint possession. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. No incriminating article has been

Patna High Court Cr.Misc. No.78983 of 2018(2) dt.29-01-2019 2/2 recovered from the possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 13.10.2018 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi, in connection with C2/546/18, subject to conditions:

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

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

(3) If the petitioner 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 petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

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