Sandip Kumar Das @ Sandip Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36499 of 2025 Arising Out of PS. Case No.-241 Year-2024 Thana- KURSAILA District- Katihar ====================================================== 1.

Sandip Kumar Das @ Sandip Mandal son of Dholi Mandal Resident of Village- Kharwar Tola (Chapar Diyara), PS- Rangra Dist- Bhagalpur 2.

Jyotish Kumar Mandal @ Jyotish Kumar Son of Banarsi Mandal Resident of Village- Kharwar Tola (Chapar Diyara), PS- Rangra Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Sah, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in connection with Kursela P.S. Case No. 241 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and excise (Amendment) Act, 2022. 3.

Prosecution case in a nutshell is that total 96 liters foreign liquor was recovered from the Car.

4.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.36499 of 2025(2) dt.25-06-2025 2/3 petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The name of the petitioners have transpired in this case on the basis of confessional statement of co-accused. The petitioners have no concern with the alleged recovery of liquor. Petitioners are not the owner of the car in question. It is next submitted that petitioners are men of clean antecedent. Learned counsel for the petitioners again submits that the co-accused has been granted bail by this Court vide order dated 18-03-2025 passed in Cr. Misc. No. 16184 of 2025.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.36499 of 2025(2) dt.25-06-2025 3/3 the case is pending/successor court in connection with Kursela P.S. Case No. 241 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T