Govind Kumar Mandal @ Govind Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35451 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- PALASI District- Araria ====================================================== Govind Kumar Mandal @ Govind Mandal, S/O Sinheshwar Mandal @ Gula Beldar resident of village - Dhapri, ward no. 01, PS- Palasi, Distt - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Ravish, Advocate For the State :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Palasi P.S. Case No. 01 of 2025, dated 01.01.2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. As per allegation, 09 litre of illicit liquor has been recovered from the bush situated in the backyard of the house of the petitioner.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that no liquor has been recovered from the possession of the petitioner and the whole case against the petitioner is based only on suspicion without any legal basis. He
Patna High Court CR. MISC. No.35451 of 2025(2) dt.18-06-2025 2/3 further submits that the recovery has been made from an open space which is accessible to the public at large. As such, no prima facie case is made out against the petitioner under the Excise Act and the present anticipatory bail petition is maintainable.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has 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 bail petition that the petitioner has four criminal antecedent.
7. However, 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 petitioner, above-named, to be enlarged on bail, in the event of his 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 his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Palasi P.S. Case No. 01 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on
Patna High Court CR. MISC. No.35451 of 2025(2) dt.18-06-2025 3/3 the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his 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 petitioner. (Jitendra Kumar, J) shoaib/- U T