Raushan Kumar Mandal @ Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34962 of 2026 Arising Out of PS. Case No.-47 Year-2026 Thana- Akbarpur District- Purnia ====================================================== Raushan Kumar Mandal @ Raushan Kumar S/o Wakil Mandal @ Vakil Mandal Resident of Village- Jhouwari, Ward No.- 03, Police Station- Rupauli (Akbarpur), District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vivekanand Singh, Advocate For the Opposite Party/s :
Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-06-2026 Heard Mr.Vivekanand Singh, learned counsel for the petitioner and Mr.Khurshid Anwar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 08.04.2026 in connection with Akbarpur P.S. Case No. 47 of 2026, F.I.R. dated 08.04.2026 registered for the offence punishable under Sections 274,275 of BNS, 2023 and Section 30(a) of Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 205.710 liters of foreign liquor.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Further submits that it appears from the FIR itself that on the basis of
Patna High Court CR. MISC. No.34962 of 2026(2) dt.18-06-2026 2/3 the secret information, the police has proceeded and they have received total 120.960 liters of Officer Choice Whisky near the house of co-accused person, namely, Ramrup Mandal. Learned counsel for the petitioner submits that the petitioner has no role at all in the present occurrence and he has been made accused in the present case merely on the basis of suspicion and except the suspicion, nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the petitioner is in custody since 08.04.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact and petitioner has clean antecedent, let the petitioner, above named, 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 I/c Exclusive Special Judge, (Excise-02), Purnea in connection with Akbarpur P.S. Case No. 47 of 2026, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.34962 of 2026(2) dt.18-06-2026 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, 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, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T