Nandlal Das @ Ghuna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5886 of 2025 Arising Out of PS. Case No.-425 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== Nandlal Das @ Ghuna Son of Kamaldeo Das Resident of Village- Bathaul, P.S.- Bokhara, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-02-2025 Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner and Mr. Ramesh Chandra, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nanpur P.S. Case No. 425 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 37 liters of illicit liquor was recovered from a mango orchard behind the house of one Pawan Kumar.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Nothing has been recovered from the

Patna High Court CR. MISC. No.5886 of 2025(2) dt.21-02-2025 2/2 conscious possession of this petitioner. It is further submitted by learned counsel for the petitioner that other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide order dated 03.12.2024 in Cr. Misc. No. 78227 of 2024.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Nanpur P.S. Case No. 425 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Excise Court No. 2, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T