Patna High Court
Mandeep @ Mandeep SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 112(2), 210, 271, 272, 275, 3(5)
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
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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
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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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