Sakaldev Mandal @ Sakal Dev Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54775 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- ANDHRAMATH District- Madhubani ====================================================== Sakaldev Mandal @ Sakal Dev Mandal S/o Baua Lal Mandal R/o VillageAmichiri, PS- Andhramath, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, there is recovery of 2.150 litres of foreign liquer and 21.9 litres of country made liquor from the house of co-accused Surendra Mandal, who is the brother of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. The co-accused Surendra Mandal was apprehended on the spot. The petitioner was not present on

Patna High Court CR. MISC. No.54775 of 2025(2) dt.27-08-2025 2/2 the place of occurrence and the seized liquor does not belongs to the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and he 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 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Jhanjharpur, Madhubani in connection with Andhramath P.S. Case No. 87 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

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