Patna High Court
Prabhu MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Prabhu Mandal, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 46 litres of liquor were recovered from an open place. He contended that he was falsely implicated, had no incriminating material in his possession, and was arrested merely on suspicion, with no criminal antecedent and a prolonged custody since 23‑11‑2025. The petitioner also highlighted non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the length of custody, and the statutory non‑compliance, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest, lack of incriminating material, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- criminal procedure
- suspicion
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12633 of 2026
Arising Out of PS. Case No.-351 Year-2025 Thana- VIJAYEPUR District- Gopalganj
======================================================
Prabhu Mandal Son of Jai Prakash Mandal Resident of Village- Mathiya
Mushahar Toli, P.S -Vijaipur, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naresh Prasad, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Vijaipur P.S. Case No. 351 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 46 liters
liquor was recovered from two sacks from an open place 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
Patna High Court CR. MISC. No.12633 of 2026(2) dt.24-02-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner was arrested
only on the basis of suspicion. It is further submitted that the
alleged recovery has been made from an open place and the
same is easily accessible to the public at large. The petitioner is
in custody since 23.11.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP 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 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Vijaipur P.S. Case
No. 351 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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