Kamal Kishore Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26885 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- DHURAIYA District- Banka ======================================================

1. Kamal Kishore Mandal, Son of Jai Kant Mandal,

2. Bahadur Mandal, Son of Late Shambhu Mandal, Both are resident of Village- Sabejorra, P.S.- Godda (Muffasil), District Godda (Jharkhand).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Dhoraiya P.S. Case no. 35 of 2018 registered under Section 30(a), 32(2) of Bihar Prohibition & Excise Act-2016.

14.865 lts. of foreign liquor is said to have been recovered from joint possession of the petitioners. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern with the seized liquor. They have been falsely implicated in the case at the instance of their enemy by planting the aforesaid

Patna High Court Cr.Misc. No.26885 of 2018(2) dt.03-05-2018 2/2 recovery from their possession. They have no criminal antecedent. They have been languishing in custody since 28.02.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge, Banka in connection with Dhoraiya P.S. Case no. 35 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T