Nand Kumar Mandal @ Nandan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69158 of 2018 Arising Out of PS. Case No.-123 Year-2018 Thana- LAUKAHI District- Madhubani ====================================================== Nand Kumar Mandal @ Nandan Kumar Mandal son of Bachchi Mandal, resident of Village- Sakchuva, P.S. Laukahi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat For the Opposite Party/s :

Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-12-2018 The petitioner seeks bail in connection with Laukahi P.S.Case No. 123 of 2018 registered under Sections 272 and 273/34 of the Indian penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is that the police, on receiving information that huge quantity of Nepali Saufi liquor has been brought from Nepal, raided the place and arrested three persons including the petitioner and from Lokesh Kumar Mahto one country made rifle and 12 live cartridges were recovered and from three motorcycles ad one Scooty in total 180 litres liquor has been recovered.

Submission of learned counsel for the petitioner is that FIR itself says that liquor has not been recovered from the possession of the petitioner and further there is no allegation of

Patna High Court Cr.Misc. No.69158 of 2018(2) dt.04-12-2018 2/2 recovery of arms from him rather it is against Lokesh Kumar Mahto and petitioner is in custody since 20.07.2018. Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II, Madhubani cum Special Judge, Excise Act, Madhubani in connection with Laukahi P.S. Case No. 123 of 2018 with condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) sujit/- U T