IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33748 of 2025 Arising Out of PS. Case No.-424 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Sonu Kumar Mandal @ Sonu Mandal, S/o Shankar Mandal @ Pramod Mandal @ Dhuran Mandal, R/o Village- Teniuahi, P.S.- Ladaniyia, District- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashad, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 22-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Ladaniya P.S. Case No. 424 of 2024, registered for the offences punishable under Sections 274 and 275 of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. 3. In course of vehicle checking, the persons who were riding on a motorcycle succeeded in fleeing away by leaving the motorcycle bearing Registration No. BR32AH-5697. In course of search, total 18 liters of Nepali country made liquor was recovered. The local chaukidar identified the person who succeeded in fleeeing away and one of them is said to be the petitioner. Patna High Court CR. MISC. No.33748 of 2025(2) dt.22-05-2025 2/3 4. Learned Advocate for the petitioner contended that the petitioner has neither any concern with the motorcycle, in question, nor with the illicit wine. Save and except the disclosure made by the local chaukidar, which appears to be doubtful, there is no material suggesting the complicity of the petitioner in crime. It is further contended that there are various other infirmities in the search and seizure; moreover, there is no compliance of Sections 103 and 105 of the BNSS. It is lastly contended that the petitioner has one criminal antecedent. 5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the petitioner was identified by the local chaukidar. 6. Regard being had to the submissions made on behalf of the parties and considering the materials available on record, as also the infirmities in the search and seizure, apart from the fact that save and except the disclosure and doubtful identification by the local chaukidar, there is no material attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail Patna High Court CR. MISC. No.33748 of 2025(2) dt.22-05-2025 3/3 bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Session/District Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Ladaniya P.S. Case No. 424 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T