Patna High Court – Orders
Suman Mandal vs The State Of Bihar on 28 May, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35315 of 2025
Arising Out of PS. Case No.-289 Year-2020 Thana- DHORAIYA District- Banka
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Suman Mandal S/O Birbal Mandal Resident of village- Gaychand, PS-
Godda, District- Godda (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Mishra, Adv.
For the Opposite Party/s : Mrs. Pronoti Singh, APP
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 28-05-2025
Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Dhoraiya P.S. Case No. 289/2020 registered for
the offences punishable under Sections 30(a) of the Bihar
Prohibition of Excise Act.
3. As per prosecution case, there is alleged
recovery of 56 liters illicit chulai liquor from the motorcycle in
question.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. The petitioner is not named in the FIR and his name
has been surfaced in this case during course of investigation as
the owner of the said motorcycle. He further submits that co-
Patna High Court CR. MISC. No.35315 of 2025(2) dt.28-05-2025
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accused Pradeep Mandal apprehended on the spot who had
taken the said motorcycle in good faith. He orally submits that
the said motorcycle was misused by the said co-accused. The
petitioner bears no criminal antecedent. The petitioner was not
found at the place of occurrence. No incriminating article has
been recovered from the possession of the petitioner. The
petitioner has no concern with the seized liquor. He further
submits that the petitioner is not in any way connected with the
alleged occurrence. There is no compliance of Section 103 of
B.N.S. In the light of the aforesaid facts and circumstances of
the case, no case is made out against the petitioner under the
provision of Bihar Prohibition of Excise Act.
5. The learned A.P.P. for the State opposed 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
Patna High Court CR. MISC. No.35315 of 2025(2) dt.28-05-2025
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amount each to the satisfaction of learned Special Excise Court-
1, Banka in connection with Dhoraiya P.S. Case No. 289/2020,
subject to the conditions as laid down under Section 438 (2) of
the Cr.P.C.
7. The application stands allowed.
(Alok Kumar Pandey, J)
amitkumar/-
U T