Sanjay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24594 of 2025 Arising Out of PS. Case No.-14 Year-2024 Thana- EKCHARI District- Bhagalpur ====================================================== Sanjay Mandal S/o Late Visheshwar Mandal R/o Village- Khwaspur near Brahaman Baba Sthan, P.S.- Ekchari, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah, Advocate For the Opposite Party/s :

Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-05-2025 Heard the parties.

2. The petitioner is apprehending arrest in connection with Ekchari P.S. Case No. 14 of 2024 instituted under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 lodged on 01.04.2024 by the informant, Md. Iphtekhar Khan.

3. As per the prosecution story, the informant alleged that while on patrolling duty, came to know about selling of liquor by the petitioner in his house. It was raided and 08 liters of country made liquor recovered/seized. This led to the FIR.

4. Learned counsel for the petitioner submits that he has no criminal antecedent, it is joint house, he is even not present there, has been implicated.

5. Learned APP opposes the prayer.

Patna High Court CR. MISC. No.24594 of 2025(2) dt.02-05-2025 2/3 6 Taking into account the aforesaid facts as also that the petitioner has no criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Ekchari P.S. Case No. 14 of 2024 to the satisfaction of learned Additional Sessions Judge-IX, Bhagalpur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation

Patna High Court CR. MISC. No.24594 of 2025(2) dt.02-05-2025 3/3 and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T