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2025 DAILYLAW 28519 (PAT)

Kishor Kumar @ Kishor Mandal v. The State of Bihar

CR. MISC./18849/2025 · 2025-04-18

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18849 of 2025 Arising Out of PS. Case No.-263 Year-2024 Thana- BARIYARPUR District- Munger ====================================================== Kishor Kumar @ Kishor Mandal Son of Tarni Mandal Resident of village - Diwani Tola, P.S.- Bariyarpur, District - Munger. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deep Anshuman, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 18-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bariyarpur P.S. Case No. 263 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The case of the prosecution is that altogether 140 liters of country made liquor was recovered from three gallons and one jar. It is alleged that the petitioner along with others managed to escape from the place of occurrence. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this Patna High Court CR. MISC. No.18849 of 2025(2) dt.18-04-2025 2/2 case. Nothing has been recovered from the possession of this petitioner. His name has been disclosed by the local chowkidar. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. 5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner. 6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bariyarpur P.S. Case No. 263 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-1, Munger subject to the conditions as laid down under section 438(2) of the Cr.P.C. Shubham/- (Ashok Kumar Pandey, J) U T