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Patna High CourtCR. MISC./76941/2025bail granted

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

2025-11-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76941 of 2025 Arising Out of PS. Case No.-135 Year-2025 Thana- LAUKAHA District- Madhubani ====================================================== 1.

Anil Kumar Mandal @ Anil Kumar Son of Desai Mandal Residnet of Village- Ghosahi, P.S.- Phulparas, Distt.- Madhubani 2.

Ram Krishna Sah Son of Raj Kumar Sah Resident of Village- Kalapatti, psPhulparas, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Laukaha P.S. Case No. 135 of 2025, instituted for the offences punishable under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 432 liters liquor was recovered from Santro car and the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.76941 of 2025(2) dt.15-11-2025 2/2 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners also submits that petitioner no. 1 is passenger and petitioner no. 2 is driver of the car in question and both of them have got no knowledge with regard to the nature of goods loaded in the vehicle in question. The petitioners are in custody since 26.08.2025 and have got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laukaha P.S. Case No. 135 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T