Mahesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24962 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- LAKHISARAI District- Lakhisarai ====================================================== Mahesh Kumar Mandal S/O Rudal Mandal Resident of Village- Govind Bigha, P.S.- Lakhisarai, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shaukat Alam, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-05-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Lakhisarai PS case no. 38 of 2025 dated 30.01.2025, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that 15 liters of illicit mahua liquor has been recovered from Shayatola brick kiln. It is alleged that petitioner has been identified by the local people as the person who escaped from the place of occurrence.

4.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of disclosure of his name by the local people. He further submits that

Patna High Court CR. MISC. No.24962 of 2025(2) dt.05-05-2025 2/2 petitioner has no concern either with the illicit liquor or with the brick kiln, from where the liquor has been recovered. 5.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from a place, not belonging to the petitioner, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on 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 District Judge IVth -cum-Special Excise Court 1st, Lakhisarai in connection with Lakhisarai PS case no. 38 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T