Virendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56632 of 2025 Arising Out of PS. Case No.-364 Year-2022 Thana- AMAUR District- Purnia ====================================================== Virendra Mandal S/O Vindeshwar Mandal Resident of Navtol Thumha Ward no. 6, P.S.- Supaul, Dist.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlesh Kumar Pathak, Advocate Mr. Sumit Kumar Bhagat, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case instituted under Sections 272, 273/34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there is total recovery of 15.960 litres of Indian made foreign liquor out of which 11.460 litres illicit liquor was recovered from Hero Glamour motorcycle left by escaped person which belongs to the petitioner. It is further alleged that co-accused Karandeo Bosak and Chandan Kumar Yadav were apprehended with Hero Super Splendor motorcycle from which 1.5 litres illicit liquor was

Patna High Court CR. MISC. No.56632 of 2025(2) dt.08-09-2025 2/3 recovered and co-accused Shyam Sundar Kumar along with Karan Kumar was apprehended with Hero Passion motorcycle from which 1.5 litres illicit liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case being the owner of Hero Glamour motorcycle. The motorcycle in question was in custody of the son of petitioner, namely Shyam Sundar Kumar, who has been apprehended by raiding party on the spot. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized illicit liquor. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise-02), Purnea in connection with Amour P.S. Case

Patna High Court CR. MISC. No.56632 of 2025(2) dt.08-09-2025 3/3 No.364 of 2022, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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