Nandlal Mahto @ Nandlal Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47121 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Nandlal Mahto @ Nandlal Chauhan son of Late Manraj Mahto VillageBijaypur, Ps- bishmabharpur, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj, Advocate For the Opposite Party/s :

M/s. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Bishambharpur P.S. Case No. 82 of 2025, dated 19.04.2025, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 194.400 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that nothing has been recovered from the possession of the petitioner. It is also submitted that the petitioner has been made an accused in this case solely on the basis of secret

Patna High Court CR. MISC. No.47121 of 2025(2) dt.30-07-2025 2/2 information. Furthermore, it is submitted that the criminal antecedent of the petitioner is not clean, as one criminal case is pending against him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that one criminal case is pending against him, and that case also pertains to an excise matter.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 6 weeks from today. In case, the petitioner surrenders within six weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J.) Aman Kumar/- U T