Mahesh Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87174 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- MANIGACHI District- Darbhanga ====================================================== 1.
MAHESH KUMAR MANDAL Son of Ram Narayan Mandal @ Ram Sharan Mandal Resident of Village - Gadhiya, P.S.- Andhramanth, District - Madhubani.
2.
Devendra Yadav Son of Jhawar Yadav Resident of Village - Dakhi, P.S.- Andhramanth, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
33.9 litres of liquor was allegedly recovered from the bag, in possession of the petitioners, in a motorcycle. Petitioners have stated on oath that they have got no criminal antecedent. Petitioners are in custody since 01.11.2019.
Considering the nature of allegation and punishment prescribed for the offence alleged, in my view, the petitioners should be released only after framing of the charge. Let the
Patna High Court CR. MISC. No.87174 of 2019(2) dt.14-01-2020 2/2 petitioners, above named, be released on bail, after framing of the charge against the petitioners, on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with G.O. Case No. 1102 of 2019 arising out of Manigachhi Police Station Case No. 228 of 2019, subject to the following conditions:- (a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners.
(b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(c) The petitioners shall not leave the country without permission of the trial court.
The trial court is directed to expedite the framing of the charge against the petitioner.
(Birendra Kumar, J) Kundan/- U T