Lakshmi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25062 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Lakshmi Mandal Son of Late Ram Sundar Mandal R/O Village - Dullipatti, P.S.- Jainagar, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-05-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 274, 275, 317(5), 3(5) of BNS and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that 33.4 litres of liquor was recovered from the house of Manoj, further 24.75 litres of liquor was recovered from the house of Ganesh and 147.96 litres of liquor was recovered from the husk house of Dasai Mandal.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the petitioner was not

Patna High Court CR. MISC. No.25062 of 2025(2) dt.05-05-2025 2/3 arrested from the spot as such nothing was recovered from her conscious possession and even alleged recovery is from a place which does not belong to the petitioner. It is further submitted that from perusal of seizure list, it would manifest that the place from where seizeure is alleged to have been made is recorded as village- Dallipatti, Ward No. 6, P.S. Jaynagar and does not record that the liquor was recovered from the houses of the accused persons. It is also submitted that petitioner came to be implicated at the instance of Chowkidar. It is next submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically without holding a proper investigation either at the instance of Chowkidar, local people, secret information or confessional statement. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where

Patna High Court CR. MISC. No.25062 of 2025(2) dt.05-05-2025 3/3 the case is pending/successor court in connection with Jainagar P.S. Case No. 17 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed her antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) SUMIT/- U T