Rohit Kumar Mandal @ Rohit kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35769 of 2025

Arising Out of PS. Case No.-112 Year-2023 Thana- BALUA BAZAR District- Supaul

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Rohit Kumar Mandal @ Rohit kumar S/o Shri Lal Mandal R/o village- Khas Halahaliya, Khawasapur Ward No.02, PS- Simraha, District- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bhuweneswar Sahu, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 18-06-2025

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Heard Mr. Bhuweneswar Sahu, learned counsel for

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the petitioner and Mr. Nand Kumar, learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Balua Bazar P.S. Case No. 112 of 2023, F.I.R dated 24.12.2023 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

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Recovery is of 123.9 liters of country made

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liquor.

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Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case and although the petitioner is not named in the F.I.R. and name of the petitioner has been transpired during investigation on the ground that he is the

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Patna High Court CR. MISC. No.35769 of 2025(2) dt.18-06-2025 2/4

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owner of the motorcycle in question. He further submits that it appears from the F.I.R and seizure list that nothing has been recovered from the conscious possession of the petitioner in fact, the petitioner has given the motorcycle in question to one Mahesh Kumar, who was apprehended with the illicit liquor and the petitioner has no conerned with the alleged recovery of illicit liquor.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable.

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This court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.L.J.R. 1089 . Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of counsel for the petitioner.

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Considering the aforesaid facts, nothing has been recovered from conscious possession of the petitioner, the petitioner has been made accused merely on the ground that he

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Patna High Court CR. MISC. No.35769 of 2025(2) dt.18-06-2025 3/4

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is the owner of the motorcycle in question and the petitioner has clean antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court Excise No. 2, Supaul in connection with Balua Bazar P.S. Case No. 112 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-

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i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his

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Patna High Court CR. MISC. No.35769 of 2025(2) dt.18-06-2025 4/4

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criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Jyoti Kumari/-

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U T

Rohit Kumar Mandal @ Rohit kumar v. The State of Bihar

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Rohit Kumar Mandal @ Rohit kumar v. The State of Bihar

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