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Patna High Court

Mandeep @ Mandeep SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner, being merely the owner of the truck with no proven involvement in the illegal transport, is entitled to bail.

Summary

Mandeep Sharma, the owner of a commercial truck, was implicated in a case concerning the illegal transport of banned fish after the vehicle was intercepted by police. He applied for bail, asserting that he had no knowledge of the contraband and that the fish were actually Indian species, supported by a bill annexed to his application. The State opposed bail, arguing the truck was used for illegal purposes. The court noted that the petitioner’s name appeared only because he owned the vehicle, found no evidence of his participation in the consignment, and considered his clean antecedent. Consequently, the court ordered his release on bail with a bond of Rs.25,000 and two sureties, subject to conditions under the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the owner of a vehicle used for transporting banned fish can be granted bail despite lack of direct involvement in the illegal consignment.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • illegal transport
  • banned fish
  • vehicle ownership
  • fair antecedent
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2717 of 2026
                    Arising Out of PS. Case No.-217 Year-2025 Thana- SIDHWALIYA District- Gopalganj
                 ======================================================
                 Mandeep @ Mandeep Sharma, Son of Amar Nath Sharma, R/O village- Near
                 Gaur Brahman, P.S.- Tigrana, District - Bhiwani, Haryana.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Adesh Raj Singh, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Sidhwaliya P.S. Case No. 217 of 2025

                   registered for the offences punishable under Sections 112(2),

                   271, 272, 275, 210, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The police on an information that a truck, bearing

                   registration no. HR61E 4101, is said to be engaged in

                   transportation of banned fish. On the said information, the

                   police intercepted the truck, however, noticing the police party,

                   the driver and khalasi of the said truck succeeded in fleeing

                   away. Altogether 35 quintals of banned Thai/African Mangur

                   fish was recovered, which has been seized later on.

                                4. Learned Advocate for the petitioner submitted that

                   the petitioner has no concern with the seized fish, however, only

                   on account of he being the owner of the said truck, which is a
Patna High Court CR. MISC. No.2717 of 2026(2) dt.04-02-2026
                                            2/3




          commercial vehicle and being used for transportation on rent,

          his name has been implicated in this case. So far the loaded

          banned fish is concerned, in fact, it is not a banned, rather it is

          Indian fish, for which assignment was loaded by one Rakesh

          Mandal and consignee was one Mandip Sharma. To support the

          aforesaid contention, the copy of the Bill has also been annexed

          as Annexure-2 to the bail application. The petitioner has

          absolutely fair antecedent and he undertakes that he will fully

          cooperate in the proceeding of the Court.

                       5. On the other hand, learned APP for the State

          vehemently opposes the bail application and submits that the

          vehicle of the petitioner was used for the purposes of illegal

          transportation of banned fish.

                       6. Having considered the submissions advanced by the

          learned Advocate for the respective parties and taking note of the

          materials available on record that the name of the petitioner has

          only been implicated on account of fact he being the owner of the

          truck, in question, used for transportation of goods. However, he

          has nothing to do with the consignment, which was being

          transported through his truck, besides his fair antecedent, let the

          petitioner, named above, in the event of his arrest or surrender

          before the court below within four weeks from the date of
             Patna High Court CR. MISC. No.2717 of 2026(2) dt.04-02-2026
                                                         3/3




                       receipt/production of a copy of this order, be released on bail on

                       furnishing bail bonds of Rs.25,000/- (Rupees twenty five

                       thousand) with two sureties of the like amount each to the

                       satisfaction of learned Additional Chief Judicial Magistrate-V,

                       Gopalganj in connection with Sidhwaliya P.S. Case No. 217 of

                       2025, subject to the condition as laid down under Section 482

                       (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the

                       further condition that one of the bailors shall be the local

                       residents.


                                                   (Harish Kumar, J)
uday/-

U        T


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