Patna High Court
Kamleshwari MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Kamleshwari Mandal applied for bail in a case where 40 litres of liquor and a pistol with a live cartridge were recovered from a house she shares with family members. The prosecution alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1‑b)a and 26 of the Arms Act. The petitioner contended she was falsely implicated, no incriminating items were found in her personal possession, she has no prior criminal record, and the required compliance under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 was lacking. The State opposed bail. Considering the lack of personal possession, the petitioner’s clean record, and the period of custody already served, the court inclined to grant bail, ordering a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner accused under the Bihar Prohibition and Excise Act and the Arms Act despite recovery of liquor and a firearm from the joint residence.
- Whether the absence of personal possession of the seized items and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrant bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- prohibition act
- arms act
- false implication
- joint house
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.207 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Kamleshwari Mandal S/O Late Kishan Mandal Resident of Village- Shermari,
ward no. 10, P.S.- Kursela, Dist.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kursela
P.S. Case No. 239 of 2025 instituted for the offences punishable
under Sections 30(a) of the Bihar Prohibition and Excise Act
and 25(1-b)a, 26 of the Arms Act.
3. The prosecution case, in short, is that total 40 litres
of liquor has been recovered from the gallon. It is further
alleged that one country-made pistol with one live cartridge has
been recovered from the house of the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.207 of 2026(2) dt.19-01-2026
2/2
possession of the petitioner rather the recovery has been made
from the joint house of the petitioner where other family
members of the petitioner also reside. The petitioner has got no
concern with the alleged recovery of liquor as well as with the
recovery of arms. The petitioner is in custody since 17.10.2025
and has no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kursela P.S. Case
No. 239 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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