Bipin Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81645 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== BIPIN MANDAL, Son of Mahendra Mandal, Resident of Village - Near Murgi From, P.S.- K. Hat, Distt - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Yadav For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30 (a), 32 (k), 56 (Kh) of the Bihar Prohibition and Excise Act, 2016/2018.

Learned counsel for the petitioner submits that there is recovery of 182 liters of Foreign liquor from the Maruti car. Car does not belong to the petitioner. There is no recovery from the conscious possession of the petitioner.

Learned counsel for the petitioner further submits that the petitioner is innocent and on suspicion he has implicated in this case, fact is that petitioner come to his relative and he arrived at Jokihat and he saw a vehicle and he demanded lift to

Patna High Court CR. MISC. No.81645 of 2019(2) dt.18-12-2019 2/2 driver and the driver permitted and hence he set on the sit near driver while the driver arrived near Bhangiya Bridge he stopped the vehicle and said to be discharge urine and the petitioner was remain on the sit and the police came and arrested the petitioner. Learned counsel for the petitioner further submits that the petitioner is in custody since 09.07.2019 and has got no criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, above named, subject to deposit of Rs. 5,000/- in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, be released on bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge cum Special Judge, Araria, in connection with Araria Sadar Excise Case No. 28/2019/ Special Case No. 875/2019.

(Anjani Kumar Sharan, J) amitkumar/- U T