Pramod Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45894 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- RUPAULI District- Purnia ====================================================== PRAMOD MANDAL SON OF LATE CHANDRA MANDAL R/O VILLAGE- GWALPARA MADRONI TOLA, WARD NO. 12, P.S.- RUPAULI, DIST.- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Rupauli Police Station Case No. 57 of 2023, dated 04.03.2023, disclosing offence under Sections 30(a)/30(c)/41/47 of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner, his brother and their wives are indulged in the manufacture and trade of illicit country-made liquor, raided the house of the petitioner and recovered 60 litres of illicit country-made liquor from the house of the

Patna High Court CR. MISC. No.45894 of 2023(2) dt.04-08-2023 2/3 petitioner.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the illicit country-made liquor has been recovered from the joint house, in which other family members also reside. He further submits that the petitioner has got no criminal antecedent.

5. After having heard learned Counsel for the parties concerned and taking into consideration the fact that the illicit country-made liquor has been recovered from the joint house of the petitioner, in which other family members also reside and the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above, in the event of his arrest or surrender before the Court below within four weeks, 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 Exclusive Special Excise Judge, Court No. 2, Purnea, in connection with Rupauli Police Station Case No. 57 of 2023, subject to the

Patna High Court CR. MISC. No.45894 of 2023(2) dt.04-08-2023 3/3 condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √