Durganand Mandal @ Durganand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89951 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- KURSAKANTA District- Araria ====================================================== Durganand Mandal @ Durganand Singh Son of Thakkan Mandal Resident of Village- Maigra, Ward No. 06, P.S.- Kursakanta, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution story, upon information of movement of consignment from Nepal to India, the police went for verification and found four persons carrying white bag on their heads coming from Nepal toward Bahelia bridge. As they saw the police, they threw the bag and fled away. The local chowkidar named them, the petitioner being one of them. From the bag, altogether 133.50 liters Nepali liquor recovered/seized.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he has been made accused only

Patna High Court CR. MISC. No.89951 of 2024(2) dt.27-03-2025 2/2 on suspicion. Petitioner claims clean antecedent.

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 District & Sessions Judge cum Exclusive Special Judge Excise-II, Araria in connection with Kursakanta P. S. Case No. 51 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T