Mantu Rajbanshi v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA Mr. Bipin Kumar Mr. Kumar Veerendra Narayan ORAL ORDER 2 05-03-2025

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sirdalla Police Station Case No. 386 of 2024, dated

17.10.2024, disclosing offences under Sections 30(a)/41 of the Bihar Prohibition and Excise Act.

The prosecution case, as per the First Information Report, is that the police recovered 80 liters of country made mahua wine from Honda Shine motorcycle, bearing registration no. BR-27L-8822 and 85 liters of country made mahua liquor from another Honda Shine motorcycle, bearing registration no. BR-27R-4317. The police party succeeded in apprehending two co-accused Patna High Court CR. MISC. No.14991 of 2025(2) dt.05-03-2025 persons, while other two accused persons managed to escape.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in the present case only because he happens to be the registered owner of the Hero Honda motorcycle, bearing registration no. BR-27R-4317. He next submits that the said motorcycle, from where illicit liquor has been recovered, was borrowed by the co-accused person, namely, Nakul Kumar, for personal use, who succeeded in fleeing away and the petitioner had no knowledge about illicit liquor being kept therein. He further submits that the similarly situated co-accused Nakul Kumar @ Nikesh Kumar has been granted anticipatory bail by this Court in Cr. Misc. No. 84328 of 2024. The petitioner has got no criminal antecedent.

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, in question, which was borrowed by co- accused Nakul Kumar, who has been granted anticipatory Patna High Court CR. MISC. No.14991 of 2025(2) dt.05-03-2025 bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest 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 Excise Court I, Nawada, in connection with Sirdalla Police Station Case No. 386 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- U T (Anil Kumar Sinha, J)