Amit Mandal @ Amit Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39193 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- Ghogha District- Bhagalpur ====================================================== 1.

Amit Mandal @ Amit Kumar Mandal S/o Anandi Mandal R/O village - Pannuchak, P.S. - Ghogha, Dist. -Bhagalpur 2.

Pujwa Mandal @ Pujo Kumar S/o Anandi Mandal R/O village - Pannuchak, P.S. - Ghogha, Dist. -Bhagalpur 3.

Ramtahal Mandal @ Ramtahal Kumar S/o Anandi Mandal R/O village - Pannuchak, P.S. - Ghogha, Dist. -Bhagalpur ... ... Petitioners

Versus

The State of Bihar Patna ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Ghogha P.S. Case No. 50 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from the house of one Anandi Mandal, altogether 72 liters of liquor was recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. He has further submitted that the house is a joint property. Nothing has been recovered from the physical possession of the

Patna High Court CR. MISC. No.39193 of 2025(2) dt.01-07-2025 2/2 petitioners. It has further been argued by learned counsel for the petitioners that the house is in the name of Anandi Mandal who was arrested on the spot. It has also been submitted that petitioners are living separate from Anandi Mandal.

5. In contra, learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Ghogha P.S. Case No. 50 of 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-IX, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Shubham/- U T