Pandav Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38659 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Pandav Mandal S/o Late Muneshwar Mandal Resident of Kajjalwan, PSParbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Parbatta P.S. Case No. 37 of 2025 dated 31.01.2025, instituted for the offence punishable under Section 30(a), 30(d) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 10 litres Mahua Country made liquor kept near the Jalevi tree situated near the house of Pandav Mandal (petitioner) and Bhaso Mandal.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered either from the conscious possession or from the house of the petitioner rather the said illicit liquor has been recovered near

Patna High Court CR. MISC. No.38659 of 2025(2) dt.25-06-2025 2/2 from the Jalevi tree situated outside of the house of petitioner, which is an open place and accessible to all. It is further stated that similarly situated co-accused person namely, Rohit Mandal has been granted bail vide order dated 20.05.2025 passed by a Co-ordinate Bench of this court in Criminal Miscellaneous No. 31050 of 2025. Lastly, it has been submitted that petitioner has one criminal case against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Parbatta P.S. Case No. 37 of 2025, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Special Excise Judge- 2nd, Khagaria, subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) Sankalp/- U T