Patna High CourtCR. MISC./7961/2019bail granted

Chote Mandal And ANR v. The State Of Bihar

2019-02-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7961 of 2019 Arising Out of PS. Case No.-314 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Kishanganj ======================================================

1. Chote Mandal, Son of Late Sivan Mandal Resident of Ghandhi Chowk (Kamal Market) Ward No. 26, P.S.- Kishanganj, District-Kishanganj.

2. Md. Kalam, Son of Md. Buchu, Resident of Dharampur, Gendhabari Chowk, P.S.- Goal Pokhar, District- Uttar Dinajpur (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioners are languishing in custody since 01.11.2018 in connection with Special Case No.314 of 2018 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

It is alleged that the petitioners were carrying a bag from which 18 litres country made liquor made in Bengal were recovered.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been named in the present case. It is further submitted that the said

Patna High Court Cr.Misc. No.7961 of 2019(2) dt.13-02-2019 2/2 recovery has not been made from the conscious physical possession of the petitioner rather the said liquor has been recovered from the lane of Kamal Market. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Considering the quantity of recovery and the period of custody coupled with the fact that the petitioner is not having any criminal antecedent, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeIInd-cum-Special Judge (Excise), Kishanganj in connection with Special Case No.314 of 2018.

(Dinesh Kumar Singh, J) sanjeev/- U T