Patna High Court
Ratan Mandal @ Ratneshwar Mandal KhatwayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103, 105, 274, 275, 3(5)
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
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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
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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 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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