Ajay Mandal @ Ajay Kumar Bind Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Ajay Mandal @ Ajay Kumar Bind Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, in the event of arrest or surrender before the learned Court below within six weeks, to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Excl. Special Excise Court-I, Banka, subject to conditions under Section 438(2) of the Cr.P.C.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail in connection with Dhankund P.S. Case No.124 of 2024, registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

From the reading of the FIR, nothing has been recovered from the conscious possession of the petitioner, and the petitioner has clean antecedents.

Ratio / Principle

The search and seizure memo is not witnessed by two independent witnesses, which is the requirement of law, and hence there is a serious question mark on the legality of the seizure itself.

Key takeaways

In the event of his arrest or surrender before the learned Court below within a period of six weeks, the petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Excl. Special Excise Court-I, Banka, in connection with Dhankund P.S. Case No.124 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, 07-05-2025) to petitioner accused under Sections 30(a) of the Bihar Prohibition and Excise Act in Dhankund P.S. Case No.124 of 2024 (District Banka), where 80 liters of liquor were allegedly recovered from a white colour sack/plastic bag. Grounds: nothing recovered from the petitioner's conscious possession; clean antecedents; and the search and seizure memo not witnessed by two independent witnesses, which the Court held is the requirement of law, casting a serious question mark on the legality of the seizure itself. Petitioner, on arrest or surrender within six weeks, directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Excl. Special Excise Court-I, Banka, subject to conditions under Section 438(2) of the Cr.P.C. Counsel had also raised non-compliance of Section 103(4) of B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27750 of 2025

Arising Out of PS. Case No.-124 Year-2024 Thana- DHANKUND District- Banka

======================================================

Ajay Mandal @ Ajay Kumar Bind Son of Babulal Mandal Resident of Village- Bhatuachak Bagroiya, P.S.- Dhankund, District-Banka

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 07-05-2025

Heard learned counsel for the petitioner as well as

learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act in connection with Dhankund P.S. Case No.124 of 2024.

Allegation is of recovery of 80 liters of liquor from a white colour sack/plastic bag.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has committed no offence. It is next submitted that nothing was recovered from his conscious possession, rather it was recovered from the bahiyar, which does not belongs to the petitioner. Further submits that petitioner has no concern with the liquor and there is non-compliance of Section 103(4) of

Patna High Court CR. MISC. No.27750 of 2025(2) dt.07-05-2025 2/2

B.N.S.S.

The learned APP for the State opposes the anticipatory bail application.

From the reading of the FIR, it appears that nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent and also the search and seizure memo is not witnessed by two independent witnesses, which is the requirement of law and hence there is a serious question mark on the legality of the seizure itself.

Considering the facts and circumstances of the case and submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bailbonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Excl. Special Excise Court-I, Banka in connection with Dhankund P.S. Case No.124 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Sinha, J)

Prakash Narayan U T