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Patna High Court

Suren Mandal @ Surendra MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding insufficient grounds to continue his detention.

Summary

The petitioner, Suren Mandal, was arrested in connection with a case alleging possession of 124.200 litres of liquor recovered from a vehicle, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver, had no knowledge of the goods, and was falsely implicated, with no incriminating article found in his possession and no ownership of the vehicle. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and his clean criminal record. The State opposed bail, but the Court, considering the circumstances and the period of custody, decided to grant bail. The Court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the accused was falsely implicated and lacked knowledge of the contraband.
  • Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, were complied with.
  • Whether the accused’s status as a driver without ownership of the vehicle affects bail eligibility.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • false implication
  • driver
  • ownership
  • Section 103
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2980 of 2026
                       Arising Out of PS. Case No.-358 Year-2025 Thana- DAGARUA District- Purnia
                 ======================================================
                 Suren Mandal @ Surendra Mandal S/o- Fudai Mandal Resident of Village-
                 Bnaili Ward No. 14, P.S.- Dagarua, District- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nadimul Hasan, Advocate
                 For the Opposite Party/s :       Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   20-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Dagarua

                   P.S. Case No. 358 of 2025 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 124.200

                   litres of liquor was recovered from jugaad vehicle.

                               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

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is not the owner of the vehicle. It is further

                   submitted that petitioner is the driver of the vehicle in question
           Patna High Court CR. MISC. No.2980 of 2026(2) dt.20-01-2026
                                                       2/2




                     but he had no knowledge regarding the goods loaded in the

                     vehicle. The petitioner is in custody since 30.09.2025 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 and 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 Dagarua P.S. Case

                     No. 358 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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