Patna High Court
Gajendra Mandal @ Jaib KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Gajendra Mandal was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 57.75 litres of liquor were recovered from an open field. The petitioner claimed he had no involvement, no incriminating material was found on him, and he had no prior criminal record. He had been in custody since 14 January 2026 and argued that the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the court noted the petitioner’s clean antecedents and the length of custody already served. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
- Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the grant of bail
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Section 103 compliance
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14835 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Gajendra Mandal @ Jaib Kumar Son of Jagdish Mandal R/o Village - Runni
Saidpur Ghat, P.S. - Runni Saidpur, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Runni
Saidpur PS Case No. 16 of 2026 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 57.750 liters
liquor was recovered from field.
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 submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.14835 of 2026(2) dt.27-02-2026
2/2
and all. The petitioner is in custody since 14.01.2026 and has
got no criminal antecedent/s. There is no compliance of Section
103 of the BNSS, 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 of the petitioner 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 Runni Saidpur PS
Case No. 16 of 2026.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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