IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25676 of 2025 Arising Out of PS. Case No.-202 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== Nilesh Kumar @ Nilesh Kumar Mandal Son of Gultain Mandal Resident of Village- Bhojpur Tarauna, Ward No. 06, P.S.- Madanpur, District- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 07-05-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Kursakanta Police Station Case No. 202 of 2023, dated 24.08.2023, disclosing offences under Sections 30(a)/37(c) of the Bihar Prohibition and Excise Act. 3. The prosecution case, as per the First Information Report, is that the police, on secret information that illicit liquor is being transported by three motorcycles from the house of co-accused Chandan Mandal, reached at the place of occurrence and intercepted the motorcycles. The police recovered 7.500 liters of illicit liquor from the bag of Subodh Mandal, who along with Praveen Mandal, was sitting on a Pulsar motorcycle, bearing BR38-AB-7648. It Patna High Court CR. MISC. No.25676 of 2025(2) dt.07-05-2025 2/3 has further been alleged that in the process police recovered 4.800 liters and 4.200 liters of illicit liquor from other two motorcycles. 4. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has falsely been implicated in the present case only because he happens to be the registered owner of the said motorcycle. He next submits that the motorcycle, which was driven by co-accused Praveen Mandal and Subodh Mandal, from whom illicit liquor has been recovered, was borrowed by co-accused Praveen Mandal for treatment of his son and the petitioner had no knowledge about the illicit liquor being kept by them. The petitioner has got no criminal antecedent. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner happens to be the registered owner of the motorcycle, which was borrowed by co-accused Praveen Mandal for treatment of his son, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of his arrest Patna High Court CR. MISC. No.25676 of 2025(2) dt.07-05-2025 3/3 or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise II, Araria, in connection with Kursakanta Police Station Case No. 202 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T