Ajay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48870 of 2018 Arising Out of PS.Case No. -34 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHAGALPUR ======================================================

1. Ajay Mandal S/o Bikku Mandal, R/o Vill.- Surmaniya, P.S.- Amdanda, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2018 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 47 (A) and (F) of the Excise Act. 15 liters of country made liquor, one brewing machine and 150 kg. Jawa Mahua which was destroyed during course of excavating are said to have been recovered from the house of the petitioner and petitioner managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized article or any trade of brewing liquor. He has been

Patna High Court Cr.Misc. No.48870 of 2018 (02) dt.09-08-2018 falsely implicated in this case at the instance of his enemy. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said article in the house. He has no criminal antecedent and has been languishing in custody since 14.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Second Additional District and Sessions Judge-cum-Special Judge, Bhagalpur, in connection with Prosecution Report bearing P.S. Excise No. 34 of 2014.

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