← Library
Patna High CourtCR. MISC./54748/2025allowed

Braj Bhushan Mandal @ Brajbhushan Mandal v. The State Of Bihar

2025-08-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54748 of 2025 Arising Out of PS. Case No.-182 Year-2025 Thana- EXCISE KAHALGAON DistrictBhagalpur ====================================================== Braj Bhushan Mandal @ Brajbhushan Mandal S/O Late Shukal Mandal Resident of Village- Ogri, Mahesha Munda, P.S.- Kahalgaon, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. (Dr.) Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Excise (Kahalgaon) P.S. Case No. 182 of 2025, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 1 litre county made liquor from a motorcycle on which two persons, namely Brajnandan Kumar and Jawahar Mandal were riding.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being owner of the said motorcycle. Petitioner has no concern with the seized liquor. Nothing has been recovered from the possession of the petitioner. Brajnandan Kumar was driving

Patna High Court CR. MISC. No.54748 of 2025(2) dt.19-08-2025 2/2 the motorcycle who is son of the petitioner and he was using the motorcycle. Petitioner has no criminal antecedent. Petitioner undertakes to co-operate 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 submission 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IX cum Special Excise 15 Court, Bhagalpur in connection with Excise (Kahalgaon) P.S. Case No. 182 of 2025, subject to the conditions laid down in Section 482

(2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J) rakhi/- U T