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Patna High Court

Bechan Mandal @ Vechan MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to specified conditions.

Summary

Petitioners Bechan Mandal and Krishna Deo Mandal were arrested on 10‑12‑2025 in connection with an FIR dated 09‑12‑2025 alleging offences under Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 30(a) and 41(1) of the Bihar Excise and Prohibition Act, relating to the seizure of 540 litres of Nepali liquor. The petitioners contended that the liquor was recovered from a vehicle they did not own, that no liquor was found in their conscious possession, and that the FIR was fabricated; they also highlighted non‑compliance of Section 103 of the BNSS. The State opposed bail. The High Court, noting the lack of conscious possession and procedural lapses, granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted when the accused deny possession and allege that the FIR is fabricated
  • Whether non‑compliance of Section 103 of the Bihar Narcotic Substances Act, 2023 warrants bail
  • Whether the procedural requirements under the Bihar Excise and Prohibition Act have been satisfied

Legislation cited

Subjects

  • bail
  • narcotic offences
  • excise law
  • procedural compliance
  • Section 103
  • conscious possession
  • fabricated FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15063 of 2026
                     Arising Out of PS. Case No.-197 Year-2025 Thana- LAUKAHA District- Madhubani
                 ======================================================
           1.     Bechan Mandal @ Vechan Mandal S/O Brihaspati Mandal R/O Vill.-
                  Chanipur, P.S- Laukaha, Dist.- Madhubani
           2.    Krishna Deo Mandal S/O Late Mushan Mandal R/O Vill.- Chanipur, P.S-
                 Laukaha, Dist.- Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Baleshwar Kamat, Advocate
                 For the State           :        Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   25-03-2026                      Heard Mr. Baleshwar Kamat, learned counsel for the

                   petitioners and Mr. Shyam Bihari Singh, learned APP for the State.

                                 2. Petitioners seek bail, who are in custody since

                   10.12.2025, in connection with Laukaha P.S. Case No. 197 of

                   2025, F.I.R. dated 09.12.2025                registered for the offences

                   punishable under Sections 274, 275, 3(5) of the B.N.S. and

                   Sections 30(a)/41(1) of the Bihar Excise and Prohibition Act.

                                 3. Recovery is of 540 litres of Nepali country made

                   liquor.

                                 4. Learned counsel for the petitioners submits that the

                   petitioner no. 2 having clean antecedent and petitioner no. 1

                   carries one more case other than the present one in which he is on

                   bail in the pending matter. He further submits that the allegation
Patna High Court CR. MISC. No.15063 of 2026(3) dt.25-03-2026
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          as alleged in the F.I.R. is false and fabricated and the petitioner has

          not committed any offence as alleged in the F.I.R. It appears from

          the F.I.R. as well as seizure list that nothing has been recovered

          from the conscious possession of the petitioners rather recovery

          has been made from the car in question and petitioners are not the

          owner of the car in question. He further submits that there is non-

          compliance of Section 103 of BNSS, 2023 and the police after

          investigation submitted chargesheet against the petitioners and the

          petitioners are in custody since 10.12.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioners.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioners and there is non-compliance of

          Section 103 of the BNSS, 2023, let the petitioners, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) each with two sureties of the like amount each to

          the satisfaction of learned Special Judge, Excise Act, Jhanjharpur

          Civil Court, Madhubani in connection with Laukaha P.S. Case No.

          197 of 2025 corresponding to G.R. No. 763 of 2025, subject to the

          following conditions :-

                       (1) Petitioners shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.15063 of 2026(3) dt.25-03-2026
                                                           3/3




                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         their absence on two consecutive dates without sufficient reason,

                         their bail bonds shall be cancelled by the Court below.

                                      (2) If the petitioners tamper with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at any

                         stage, it is found that the petitioners have concealed their criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioners. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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