Patna High Court
Krishan Kumar Mandal @ Krishna Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Krishan Kumar Mandal was arrested in connection with a case alleging possession of 540 litres of liquor, charged under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no liquor was found in his personal possession, and that he had no link to the vehicle from which the liquor was recovered. He had been in custody since 29‑12‑2025 and possessed one prior criminal record, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the procedural lapse, and the 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 petitioner despite the nature of the liquor offences.
- Whether the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
- Whether the petitioner’s alleged lack of direct involvement and false implication affect bail eligibility.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- liquor offences
- prohibition law
- false implication
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13844 of 2026
Arising Out of PS. Case No.-241 Year-2025 Thana- LAUKAHI District- Madhubani
======================================================
Krishan Kumar Mandal @ Krishna Kumar Mandal S/O Devlal Mandal R/O
Village - Kariot @ Kariyaut, P.S - Laukahi, District - Madhubani, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Laukahi
P.S. Case No. 241 of 2025 instituted for the offences punishable
under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita,
2023 and 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 540 litres
of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.13844 of 2026(2) dt.26-02-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 29.12.2025 and has one criminal antecedent.
There is no compliance of Section 103 of the Bharatiya
Nagarika 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 as also 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 Laukahi P.S. Case
No. 241 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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