Manglam Kumar @ Manglam Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45980 of 2025 Arising Out of PS. Case No.-160 Year-2025 Thana- HASPURA District- Aurangabad ====================================================== Manglam Kumar @ Manglam Chaudhary S/O Late Ramdeo Choudhary, Resident of Village- Karan Bigha, P.S.- Haspura, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Pandey, Advocate.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Haspura P.S. Case No.160 of 2025 instituted under Sections 30(a)/ 30(c) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 50 liter illicit country made liquor and other materials from the house of the petitioner. It is alleged that the petitioner fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that recovery was made from an abandoned house and no family member were present in the house. Learned counsel submits that seizure list has not been

Patna High Court CR. MISC. No.45980 of 2025(2) dt.21-07-2025 2/2 prepared complying the mandatory provisions of law. He further submits that neither there is any signature of independent witness in the seizure list nor the same was served to any member of the family. He further submits that petitioner has one criminal antecedent, which does not belongs to Excise Act. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Judge Excise-II, Aurangabad in connection with Haspura P.S. Case No.160 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T