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Patna High Court

Jitendra Kumar Mandal @ Jitendra uar Mandal @ Jitendra Mandal @ Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 480(3) of the BNSS.

Summary

Jitendra Kumar Mandal was arrested in connection with a case alleging that he and his wife manufactured illicit liquor, violating Sections 30(a), 30(d) and 44 of the Bihar Prohibition & Excise Act. Police raided their house, seized 50 litres of country-made liquor and related equipment, but the accused fled before being apprehended and no incriminating material was recovered from him. The petitioner pleaded innocence, asserted that the recovery was planted, and highlighted his clean antecedent and the length of his pre‑trial custody since 21‑12‑2025. The State opposed bail, but the court noted the absence of direct recovery from the petitioner, his non‑apprehension at the spot, and his clean record. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS, including presence at court dates and a relative as one bailor.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged illicit liquor manufacturing under the Bihar Prohibition & Excise Act.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • criminal procedure
  • clean antecedent
  • police raid

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10581 of 2026
                       Arising Out of PS. Case No.-250 Year-2025 Thana- SIMRAHA District- Araria
                 ======================================================
                 Jitendra Kumar Mandal @ Jitendra Kuar Mandal @ Jitendra Mandal @
                 Jitendra Kumar, S/o- Late Nandlal Mandal, R/v- Hingana Aurahi Pashim
                 Ward No-7, P.S- Simraha, Dist- Araria

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gopal Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Simraha P.S. Case No. 250 of 2025, registered

                   for the alleged offence under Sections 30(a)/30(d)/44 of the

                   Bihar Prohibition & Excise Act.

                                3. As per prosecution case, police received secret

                   information about the petitioner and his wife manufacturing

                   illicit liquor in their house. A raid was conducted, but the

                   petitioner and his wife fled away from the spot on seeing the

                   police party. On search of the house, total 50 liters of country

                   made liquor, some utensils for manufacturing the liquor and

                   stove as well as gas cylinder were seized.
Patna High Court CR. MISC. No.10581 of 2026(2) dt.17-02-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. Nothing incriminating has been recovered from the

          person/possession of the petitioner. The recovery is planted. The

          petitioner is in custody since 21.12.2025 and is having clean

          antecedent.

                       5. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that the petitioner was not apprehended from the spot and

          no recovery has been shown from him and further considering

          the period of custody of the petitioner along with his clean

          antecedent, the petitioner above named is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)

          with two sureties of the like amount each to the satisfaction of

          learned     Exclusive       Special      Judge,      Excise   Court   No.1,

          Araria/court concerned in connection with Simraha P.S. Case

          No. 250 of 2025, subject to the conditions mentioned in Section

          480(3) of BNSS and the following conditions:

                        (i) One of the bailors will be a close relative of

                        the petitioner.
           Patna High Court CR. MISC. No.10581 of 2026(2) dt.17-02-2026
                                                       3/3




                                   (ii) The petitioner will remain present on each

                                   and every date fixed by the court below.

                                   (iii) In case of absence on three consecutive

                                   dates or in violation of the terms of the bail, the

                                   bail bond of the petitioner will be liable to be

                                   cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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