IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86104 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- SHIVAJINAGAR District- Samastipur ====================================================== Pawan Kumar @ Pawan Kumar Mandal @ Pawan Mandal Son of Prayag Mandal R/o Village- RAjaur, Ward No.5, P.S.- Shivajinagar, District- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Hussamuddin Azad, Adv For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 21-02-2025 Heard the parties. 2. The petitioner is in judicial custody in connection with Shivaji Nagar P.S. Case No. 38 of 2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, lodged on 07.09.2024 by the informant, Rajesh Kumar. 3. As per the prosecution story, the informant alleged that on information, the Alto Car was intercepted and there is recovery/seizure of 13.320 liters of foreign liquor. Further, pursuant to the statement of Kundan Kumar, the house of Pawan Mandal was searched and another recovery/seizure of 17.280 liters of foreign liquor was made. Thus altogether 30.6 liters of foreign liquor recovered/seized, which followed the F.I.R./ arrest. Patna High Court CR. MISC. No.86104 of 2024(2) dt.21-02-2025 2/3 4. Learned counsel for the petitioner submit that he has got no criminal antecedent, is in custody since 06.10.2024, the recovery/seizure is from an open house not from his conscious possession and similarly situated co-accused persons, namely Kundan Kumar and Kamlesh Kumar have been granted relief in Cr. Misc. No. 77519 of 2024. 5. Learned APP for the State opposes the prayer. 6. Considering the aforesaid facts as also that the recovery/seizure is from a thatched house, not from his conscious possession, is in custody since 06.10.2024 having no criminal antecedent and similarly situated co-accused persons, as stated above, have been granted relief, in that background, this Court Court is inclined to extend him the privilege of bail. 7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Exclusive Judge (Excise) 1st at Samastipur in connection with Shivaji Nagar P.S. Case No. 38 of 2024, subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his bona fide; Patna High Court CR. MISC. No.86104 of 2024(2) dt.21-02-2025 3/3 (ii) the petitioners shall appear on each and every date before the Trial Court failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark his attendance; (iv) the petitioners shall in now way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. perwez (Rajiv Roy, J) U T