Arjun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48516 of 2025 Arising Out of PS. Case No.-350 Year-2024 Thana- Excise P.S. District- Supaul ====================================================== Arjun Mandal S/o Shivji Mandal, R/o Village- Ramnagar, Ward No.- 17, P.S.- Pipra, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Excise Supaul P.S. Case No.350 of 2024 corresponding to Special Excise Case No.4857 of 2024 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 28.200 liter illicit country made liquor from the field of petitioner. It is alleged that petitioner fled away from the spot after seeing the police.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to his two criminal antecedents, in which he is on bail. He further submits that petitioner has no concern with the seized liquor as he is neither seller nor purchaser of the alleged seized

Patna High Court CR. MISC. No.48516 of 2025(3) dt.01-09-2025 2/2 liquor. Learned counsel submits that the recovery is made from the field which is an open place and petitioner has no concern with the said place. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that 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 aforesaid 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 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court-2, Supaul in connection with Excise Supaul P.S. Case No.350 of 2024 corresponding to Special Excise Case No.4857 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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