Lakhan Marandi @ Lakhan Besra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5849 of 2025 Arising Out of PS. Case No.-121 Year-2024 Thana- KURSAKANTA District- Araria ====================================================== Lakhan Marandi @ Lakhan Besra S/O Late Karu Marandi Resident of village- Pakari, ward no. 04, Police station- Kursakanta. District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-02-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Kursakanta P.S. Case No. 121 of 2024 registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition & Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 4 litres of IMFL/country made liquor.

Patna High Court CR. MISC. No.5849 of 2025(2) dt.15-02-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that alleged illicit liquor was recovered from a nearby cottage of the house of petitioner, which is not connected in any manner with this petitioner. It is submitted that petitioner is implicated in the present case purely on the basis of suspicion. While concluding the argument it is submitted that petitioner found involved in one more case of different nature, where he is on bail.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of the facts and circumstances and by taking note of the fact as recovery of illicit liquor prima-facie, appears doubtful from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge, Exclusive Special Judge Excise-II, Araria/concerned

Patna High Court CR. MISC. No.5849 of 2025(2) dt.15-02-2025 3/3 trial court where the case is pending in connection with Kursakanta P.S. Case No. 121 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T