Randhir Mandal @ Randhir Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33888 of 2025 Arising Out of PS. Case No.-89 Year-2025 Thana- RAJNAGAR District- Madhubani ====================================================== Randhir Mandal @ Randhir Kumar Mandal S/o Satrughan Mandal R/o Village- Balat, P.S.- Rajnagar, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list, would go to show that 495 liters of Nepali liquor is said to have been recovered from 11 bags concealed in a bush beside the village road.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. The name of the petitioner has surfaced on account of secret information and

Patna High Court CR. MISC. No.33888 of 2025(3) dt.22-07-2025 2/3 upon disclosure made by the local people. There is no independent witness to the seizure list and the recovery have been made from an open place which is accessible to everyone.

5. Learned APP for the State opposes the prayer for anticipatory bail on the ground that petitioner has three criminal antecedents of similar nature of the offence.

6. Considering the facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with G.R. No. 336/2025 arising out of Rajnagar P.S. Case No. 89 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the further conditions that;

(i) The petitioner shall cooperate in the investigation/trial.

(ii) One of the bailors will be a family member/close relative.

(iii) The petitioner would appear before the learned

Patna High Court CR. MISC. No.33888 of 2025(3) dt.22-07-2025 3/3 Court below on each and every date till the charges are framed and if the petitioner does not appear on any date without any substantial and satisfactory reason, the learned court below would be at liberty to cancel his bail bonds. (iv) The court below shall verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) ajay/- U T