Mahendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88346 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- NADI District- Supaul ====================================================== Mahendra Mandal S/O Maharup Mandal Resident of Village- Mungrah, Ward No. 14, P.S.- Supaul Nadi, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shatrughna Pandey, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his/her arrest in connection with Supaul Nadi P.S. Case No. 72 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per prosecution case, there is alleged recovery of 429 liters of illicit liquor from the place of occurrence and co-accused Chandan Kumar was apprehended on spot who disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. He has falsely been implicated in this case and he bears no criminal antecedent and except the disclosure of the co-

Patna High Court CR. MISC. No.88346 of 2024(2) dt.08-01-2025 2/2 accused Chandan Kumar, there is nothing on record to connect the petitioner with the alleged occurrene. It is further submitted that the petitioner was not present at the place of occurrence nor anything has been recovered from his conscious possession.

5. The 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, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Special Exclusive Excise Judge, Court No.1 District-Supaul, in connection with Supaul Nadi P.S. Case No. 72 of 2024, subject to the conditions as laid down under Section 482 of the BNSS.

7. The application stands allowed.

(Alok Kumar Pandey, J) Amandeep/- U T