Dilip Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54882 of 2025 Arising Out of PS. Case No.-81 Year-2024 Thana- Patauna District- Madhubani ====================================================== Dilip Kumar Mandal S/O Chandeshwar Mandal R/O village- Ward no. 01 , Nahar, Rupauli, Nahas, P.S.- Patauna, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Pallavi, Advocate For the Opposite Party/s :
Mr. Ramesh Chandra, 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 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of 3 litres of country made liquor from a bag hanging on a motorcycle driven by co-accused.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Further submission is that the petitioner was the owner of the seized motorcycle, but the motorcycle was taken by a covillager, namely, Kishore Chandra Yadav, on the pretext of some medical emergency. Petitioner has no knowledge about the
Patna High Court CR. MISC. No.54882 of 2025(2) dt.27-08-2025 2/2 misdeed on the co-accused. Petitioner was neither present at the spot nor he has any concern with the seized liquor. 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 Exclusive Special Judge (Excise Court), Madhubani in connection with Patauna P.S. Case No. 81 of 2024, 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