IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2152 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Madhubani ====================================================== Mukesh Kumar S/o Dhrub Kumar Mahto, R/o Main Road Pandaul, Near Hanuman Mandir, Shivaji Nagar Pandaul, Distrixt - Madhubani ... ... Petitioner Versus 1. The State of Bihar through the Home Department, Govt. of Bihar Patna 2. The Director General of Police, Bihar Patna 3. The Additional Secretary-cum-Public Information Officer, General Administration Department Government of Bihar 4. The Excise Commissioner-cum-Inspector General of Registration, Bihar Patna 5. The District Magistrate-cum-Collector, Madhubani, Bihar Bihar 6. The Superintendent of Police, Madhubani Bihar 7. The Sub-Divisional Public Grievance Officer, Madhubani, Sadar Bihar 8. The Station House Officer, Pandaul P.S. , Distt. - Madhubani Bihar 9. The Station House Officer, Town Police Station, Madhubani Bihar ... ... Respondents ====================================================== Appearance : For the Petitioner : Mr. Vikash Kumar Singh, Advocate For the Respondents : Mr. Iqbal Asif Niazi, A.C. to G.P.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 15-07-2025 Heard learned counsel for the petitioner and learned counsel for the State. 2. By way of this criminal writ petition, the petitioner has prayed for the following reliefs:- “i. For Issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities to take disciplinary action against the police officers namely Dharam Pal, the then SHO of Madhubani Town Police Station, Patna High Court CR. WJC No.2152 of 2024(2) dt.15-07-2025 2/3 Jitendra Kumar Singh the then Additional SHO of Pandaul Police Station, Madhubani District, Saurabh Kumar excise inspector Madhubani Sadar posted in the Prohibition & Excise department Madhubani & Ors who had maliciously prosecuted the petitioner to implicate him in a false case, registered vide Pandaul P.S Case No. 270/2020 dated 21.10.2020 which was subsequently quashed by the Hon'ble Patna High Court vide order dated 09.02.2022 in Criminal Writ Jurisdiction Case No.280 of 2021. ii. For a declaration that if the petitioner was having the valid licences for the sale of the non-alcoholic beverages named as Kingfisher ultra non-alcoholic beverages issued by the Government of Bihar and the petitioner had lawfully purchased the said non-alcoholic beverages through GST invoice for its sale in the district of Madhubani from the company named United Breweries Limited which is a registered company incorporated under the Companies Act, 1956 having its factory at Plot No. A 1, Industrial Area, Kopakala, P.S- Naubatpur, District- Patna and the said company had been granted the license on 13.12.2016 from the Excise & Prohibition department, Government of Bihar for the manufacturing of malt based non-alcoholic drinks and again vide notification dated 24.01.2017 the said company was permitted to engage in the manufacturing of non-alcoholic beverages which is being sold in the brand names of Kingfisher Radler and Kingfisher Ultra and therefore the prosecution of the petitioner for the sale of the said non- alcoholic beverages was not only illegal but also with the malicious intention to damage the reputation of the petitioner in the locality when the petitioner refused to Patna High Court CR. WJC No.2152 of 2024(2) dt.15-07-2025 3/3 meet the illegal demand being made by the raiding police officers for not instituting the said false case against the petitioner. iii. For commanding and directing the respondent authorities to pay compensation of the amount of Rupees Fifteen Lakhs to the petitioner from the personal pocket of these police officers for the damages incurred by the petitioner in the form of loss of business and loss of reputation in the market because of this malicious prosecution by the said police officers as the petitioner had to spend around seven months in the judicial custody because of this false prosecution and the compensation above mentioned also includes the physical & mental harassment and the legal cost incurred by the petitioner to come out of the said case lodged against him.” 3. This criminal writ petition is disposed of with liberty to the petitioner to move before the Bihar Human Rights Commission for the aforesaid reliefs. pawan/- (Sandeep Kumar, J) U T