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Patna High CourtCR. MISC./34600/2026bail granted

Amiya Kumar Mondal @ Amiya Kr Mondal v. The State Of Bihar

2026-05-19Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34600 of 2026 Arising Out of PS. Case No.-313 Year-2026 Thana- Excise P.S. District- Kishanganj ====================================================== Amiya Kumar Mondal @ Amiya Kr Mondal S/O Pasupati Mondal Resident of Chandan Nagar, P.S.- Chandan Nagar, Distt.- Hoogli, West Bengal, India. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dwij Raj, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2026

1. Heard the parties through virtual mode.

2. The petitioner is apprehending arrest in connection with Madhya Nisedh P.S. Case No. 313 of 2026 in Special Case No. 316 of 2016 instituted under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the F.I.R., on 17.03.2026 at about 10:00 A.M., during vehicle checking at Faringola Checkpost under Kishanganj Police Station, 0.750 liters of illicit foreign liquor was allegedly recovered from car bearing registration no. WB16BD-8054. The petitioner is the registered owner of the said vehicle. This led to the FIR.

4. Learned counsel for the petitioner submits that he owns the vehicle, has no criminal antecedent and his name has been dragged only because he is the owner. His son, Akardipta

2/4 Mandal, along with his friend, have already been arrested.

5. Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising our of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

6. Learned APP, Mr. Khurshid Anwar opposes the prayer submitting that he owns the vehicle.

7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also those riding the vehicle stand arrested, this petitioner has no criminal antecedent nor any recovery from the conscious possession of the petitioner, in that background this Court is inclined to extend him the privilege of anticipatory bail.

8. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned 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 Madhya Nisedh P.S.

3/4 Case No. 313 of 2026 to the satisfaction of learned Exclusive Special Excise Court No. II, Kishanganj 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 (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;

(ii) the petitioner shall be appearing before the police station as and when required for cooperating in the investigation;

(iii) 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;

(iv) the petitioner shall appear before the concerned police station every day for one month and later every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds;

(v) the petitioner shall in no way try to induce or

4/4 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;

(vi) 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) Nirmal/- U T