Patna High Court – Orders
Aashish Mandal @ Ashish Mandal @ Ashish … vs The State Of Bihar on 7 March, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10764 of 2025
Arising Out of PS. Case No.-329 Year-2024 Thana- KASIMBAZAR District- Munger
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Aashish Mandal @ Ashish Mandal @ Ashish Kumar @ Aashish Son of
Sachhinand Mandal Resident of Mohalla- Maksaspur Koyari Tola, P.S.-
Kasim Bazar, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mrs.Sangeeta Sharma, APP
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 07-03-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Kasim Bazar P.S. Case no. 329 of 2024, registered under
section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, a secret information
was received about the petitioner and one another being
involved in the sale of liquor. A raid was conducted and 30 litres
of indian made foreign liquor was recovered. The accused
managed to escape.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from his possession or
Patna High Court CR. MISC. No.10764 of 2025(2) dt.07-03-2025
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from his brother. The cause of false implication is the antecedent
of his brother Manish Mandal which is evident from the
contents of the F.I.R itself. The petitioner undertakes to
cooperate in the case. He has no criminal antecedent.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation in the F.I.R., the
petitioner not having been arrested at the spot, no liquor having
been recovered from his possession and the petitioner not
having any antecedent under the Bihar Prohibition and Excise
Act, 2016, 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 Kasim Bazar P.S. Case no. 329 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 Exclusive Excise Court-1, Munger.
(Partha Sarthy, J)
Harsh/-
U T