Patna High Court
Bechan Mandal @ Vechan MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103, 274, 275, 3(5)
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
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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
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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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