Allowed

Jyoti Mallik @ Jyoti Mallcik v. The State of Bihar

Patna HC16 Jul 2025CR. MISC./43957/2025

Case brief

AI extract

What is this about?

Anticipatory bail sought in an excise case involving recovery of foreign liquor from an e-rickshaw owned by the petitioner but allegedly let out on rent. The State conceded clean antecedents. The court granted anticipatory bail subject to conditions.

What did the court decide?

Petitioner released on anticipatory bail on furnishing bail bond of Rs.30,000/- before Exclusive Special Judge, Excise Court No.I, Purnea, subject to Section 482(2) BNSS conditions.

Jyoti Mallik @ Jyoti Mallcik Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43957 of 2025

¶2

Arising Out of PS. Case No.-99 Year-2023 Thana- KASBA District- Purnia

¶3

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

¶4

Jyoti Mallik @ Jyoti Mallcik Wife of Suraj Mollick Resident of P.W.D. Para, P.S.- Dalkhola, District - Uttar Dinajpur (West Bengal)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

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

¶10

Appearance :

¶11

For the Petitioner/s : Mr.Md Fazle Karim, Adv. For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP ======================================================

¶12

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

¶13

2 16-07-2025

¶14

Heard Learned Counsel for the petitioner and Learned APP for the State.

¶15

The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends his arrest in connection with Kasba P.S. Case No.99 of 2023 lodged on 07.03.2023, for the offences punishable under Sections 30(a), 38(i) & 41(i) of the Bihar Prohibition and Excise Act.

¶16

As per the prosecution, the allegation of total 143.25 liters of foreign liquor has been recovered from a e- rickshaw, which is subject matter of the present case.

¶17

Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner has been falsely implicated in the

¶18

Patna High Court CR. MISC. No.43957 of 2025(2) dt.16-07-2025 2/2

¶19

present case. Nothing has been recovered from the conscious possession of the petitioner. He further submits that said recovery has been made from a e-rickshaw which belong to him, but the said vehicle has been given for running on rent of Rs.400 per day and he has done illegal work.

¶20

Counsel submits that the criminal antecedent of the petitioner is clean and in future, he shall take precaution.

¶21

Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is clean.

¶22

As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge, Excise Court No.I, Purnea, in connection with Kasba P.S. Case No.99 of 2023, subject to the conditions as laid down U/s 482(2) of the BNSS , 2023.

¶23

(Dr. Anshuman, J.)

¶24

Prakashmani/-

¶25

U T

Jyoti Mallik @ Jyoti Mallcik v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jyoti Mallik @ Jyoti Mallcik v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Aniraj Vs The State Of Bihar and Ors.

Ram Karan Ranjan Vs The State Of Bihar and Ors.

Madhu Kumar @ Madhu Devi Vs The State Of Bihar and Ors.

Suraj Kumar Vs The State of Bihar

Daya Shankar Jaiswal @ Daya Shankar Kumar Vs The Union of India through the C.O. 20th S.S.B. Sitamarhi

Shyam Narayan Bari Vs The State of Bihar