Pawan Kumar Mandal @ Pawan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58865 of 2025 Arising Out of PS. Case No.-147 Year-2025 Thana- GORADIH District- Bhagalpur ====================================================== Pawan Kumar Mandal @ Pawan Mandal, Son of Late Prayag Mandal, Resident of village- Bari Mohanpur, P.S.- Goradih, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Swapnil Kumar Singh, Advocate Mr. Subham Raj, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Goradih P.S. Case No. 147 of 2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. As per prosecution case, there is recovery of 29 litres country made liquor from the motorcycle and the driver of the motorcycle was co-accused Chandan Kumar who was apprehended on the spot who disclosed the name of the petitioner that he was going to deliver the same to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.58865 of 2025(2) dt.23-09-2025 2/2 case on the basis of disclosure made by the co-accused. Petitioner was not present on the spot. No incriminating material has been recovered from his possession. He has no concern with the seized liquor or motorcycle. Petitioner has two criminal antecedents out of which one belongs to Excise Act for which he is on bail. He undertakes to co- operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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, above-named, 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 Addl. District & Sessions Judge-12-cum- Special Excise Judge-2, Bhagalpur, in connection with Goradih P.S. Case No. 147 of 2025, subject to the conditions laid down in Section 482

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