Patna High Court
Mandip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
Mandip Kumar was arrested in connection with the recovery of 148.77 litres of liquor alleged to be contravening Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution said the liquor was found behind the house of a co‑accused and in an open field, and the petitioner was seized on the spot. The petitioner contended that he had no possession of the liquor, was falsely implicated, had no criminal antecedents, and that no material linked him to the seizure; he also argued that Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, was not complied with. The State opposed bail. Considering the clean record, lack of incriminating evidence against him, and the short period of custody, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material.
- Whether the provisions of Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, are applicable to deny bail.
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Bihar
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12107 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Mandip Kumar S/O Ram Babu Mandal Resident of Village- Akhatwara,
Police Station- Shivajinagar, District- Samastipur..
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Shivajinagar P.S. case
No. 1 of 2026 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 148.77 liters
liquor was recovered from behind the house of co-accused and
field and the petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.12107 of 2026(2) dt.23-02-2026
2/2
further submitted that recovery is made from behind the house
of co-accused and mustard field which is is an open place easily
accessible to one and all. The petitioner is in custody since
06.01.2026 and has got no criminal antecedent. There is no
compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent and the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Shivajinagar P.S.
case No. 1 of 2026.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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