Amarjeet Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.192 of 2020 Arising Out of PS. Case No.-71 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== Amarjeet Mandal Son of Arun Mandal Resident of Village - Parsa, P.S.- Arariya Sangram (O.P), Distt.- Madhubani.

... ... 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.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Phulparas P.S.Case No.71 of 2018 instituted for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Sections 30(a)(d)/32(2)/36 and 38(i) of the Bihar Prohibition and Excise Act, 2016.

The name of the petitioner surfaced in the confessional statement of co-accused from whose possession liquor was recovered. Petitioner has got two identical cases. Though there is no direct material against this petitioner in this case, however, two criminal antecedents of identical nature are there. In the circumstances, in my view, petitioner should be released on bail only after framing of the

Patna High Court CR. MISC. No.192 of 2020(2) dt.16-01-2020 2/2 charge. Hence, the trial court is directed to frame the charge at the earliest.

After framing of the charges, let the petitioner be released on regular bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with Phulparas P.S.Case No.71 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner and also that the petitioner shall not leave the country without permission of the Court.

(Birendra Kumar, J) B.Kr./- U T