Pawan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81180 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== PAWAN KUMAR MANDAL Son of Moti Mandal Resident of Village - Ward No.-3, Bhagkohaliya, P.S.- Forbesganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 21.10.2019 in a case registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Excise and Prohibition Act, 2016.

It is alleged that 17.700 litres of Nepali liquor has been recovered from the motorcycle of the petitioner. It is submitted by learned counsel for the petitioner that only on the basis of mere suspicion, the petitioner has been roped in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.81180 of 2019(9) dt.11-12-2019 2/2 Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the quantity of recovery, period under custody, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent from an open area, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge (Excise), Araria, in connection with Forbesganj Circle Excise Case No.41 of 2019, corresponding to Special Case No.1435 of 2019. (Dinesh Kumar Singh, J) Ashwini/- U T