Patna High Court
Jitendra Kumar Mandal @ Jitendra uar Mandal @ Jitendra Mandal @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- BNSS — s. 480(3)
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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