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Patna High Court

Ratan Mandal @ Ratneshwar Mandal KhatwayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Petitioner Ratan Mandal was arrested on 10 February 2026 in connection with a case involving the seizure of 122.400 litres of Nepali liquor from a motorcycle. He was charged under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022. The petitioner claimed he had no conscious possession of the liquor, had a clean antecedent and was falsely implicated, while the co‑accused had already been granted bail. The State opposed bail, but the court noted that the liquor was not recovered from the petitioner's possession and that Sections 103 and 105 of the BNSS, 2023 had not been complied with. Accordingly, the court granted bail on a Rs 10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner given the nature of the offences and the facts of seizure.
  • Whether the absence of conscious possession and non‑compliance with Sections 103 and 105 of the BNSS, 2023 justify bail.

Legislation cited

Subjects

  • bail
  • conscious possession
  • seizure of liquor
  • BNSS 2023
  • Sections 103 and 105
  • Bihar Prohibition & Excise Amendment Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18505 of 2026
                      Arising Out of PS. Case No.-49 Year-2026 Thana- LADANIA District- Madhubani
                 ======================================================
                 Ratan Mandal @ Ratneshwar Mandal Khatway Son of Bare Lal Mandal
                 Resident of Village - Majhora, Ward no. 2, Mahrajpur Palika, P.S. -
                 Sonbarsha, District - Sirha, Nepal.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Subhash Kumar Jha, Advocate
                 For the State           :        Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                     Heard Mr. Subhash Kumar Jha, learned counsel for

                   the petitioner and Mr. Nand Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   10.02.2026, in connection with Ladaniya P.S. Case No. 49 of

                   2026, F.I.R. dated 09.02.2026 registered for the offences

                   punishable under Sections 274, 275, 3(5) of the B.N.S., 2023

                   and Section 30(a) of the Bihar Prohibition & Excise

                   Amendment Act, 2022.

                                 3. Recovery is of 122.400 litres of Nepali liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.               He further submits that it

                   appears from the F.I.R. as well as seizure list that nothing has
Patna High Court CR. MISC. No.18505 of 2026(2) dt.24-03-2026
                                            2/3




          been recovered from the conscious possession of the petitioner

          rather recovery has been made from the motorcycle in question

          and altogether 122.400 litres of Nepali liquor was recovered

          from the motorcycle in question and there is non-compliance of

          Sections 103 and 105 of BNSS, 2023. He further submits that

          co-accused person, namely, Pankaj Kumar Kamat @ Prem

          Kumar @ Pankaj Kumar Kamait has been granted bail by this

          Court vide order dated 17.03.2026 passed in Cr. Misc. No.

          17789 of 2026 and the petitioner is in custody since 10.02.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and there is non-compliance of

          Sections 103 and 105 of the BNSS, 2023, let the petitioner,

          above named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special

          Judge, Madhubani in connection with Ladaniya P.S. Case No.

          49 of 2026, subject to the following conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.18505 of 2026(2) dt.24-03-2026
                                                           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 his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers 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 petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             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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