Karan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82475 of 2024 Arising Out of PS. Case No.-371 Year-2024 Thana- Excise P.S. District- Darbhanga ====================================================== Karan Kumar Mandal Son of Kushe Mandal Resident of Village - Ujan, P.S. - Sakatpur, District - Darbhanga ... ... 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.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Excise Sadar P.S. Case no.371 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, a secret information having been received that accused Rakesh Kumar is involved in sales of liquor, the police personnel conducted raid and apprehended one person who disclosed his name Rakesh Kumar while others managed to escape. On search, 11.625 liters of nepali liquor was recovered from the possession of the apprehended person.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Nothing has

Patna High Court CR. MISC. No.82475 of 2024(3) dt.18-04-2025 2/2 been recovered from physical or conscious possession of the petitioner. The name of the petitioner has transpired in this case only on the confessional statement of accused Rakesh Kumar Yadav, which has no evidentiary value. The petitioner undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State who submits that petitioner has one criminal antecedent. In response, learned counsel for the petitioner submits that on the said case, he is already on bail.

6. In view of the aforesaid facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Excise Sadar P.S. Case no.371 of 2024 on 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, Darbhanga, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T