Ramanji Kumar Mandal @ Raman Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34365 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- BHEJA District- Madhubani ====================================================== 1.
Ramanji Kumar Mandal @ Raman Mandal, S/o Lalo Mandal, R/o village and P.S.- Bheja, Distt.- Madhubani 2.
Md. Wahid, S/o Md. Jamaluddin, R/o village and P.S. - Bheja, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jaishankar Kumar Yadav, Advocate.
For the State :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Bheja P.S. Case No. 35 of 2025 dated 13.03.2025 registered for the offences punishable under Sections 274, 275, 3(5) B.N.S. and Section 30(a) of Bihar Prohibition and Excise Act.
3. As per allegation, the petitioners were doing illicit liquor business in the house of co-accused Saira Bano. As per further case of the Police, from the house of co-accused Saira Bano 20.325 litres of illicit liquor has been recovered.
4. learned counsel for the petitioners submit that the
Patna High Court CR. MISC. No.34365 of 2025(2) dt.18-06-2025 2/3 Petitioners are innocent and have falsely been implicated in this case. He further submits that there is no recovery of any illicit liquor either from the possession of the petitioners or from their houses. The whole case is based on suspicion without any evidence in support of the prosecution.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner No. 2 has been made accused in another case of similar nature in which he is on bail whereas petitioner No. 1 has clean antecedent.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned court below in connection with Bheja
Patna High Court CR. MISC. No.34365 of 2025(2) dt.18-06-2025 3/3 P.S. Case No. 35 of 2025, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) S.Ali/- U T