Randhir MandalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31232 of 2026
                     Arising Out of PS. Case No.-86 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
                 Randhir Mandal S/O Shatrughan Mandal R/O Vill-Raghopur Balat, P.S-
                 Rajnagar, District- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Kumari Pallavi, Advocate
                 For the Opposite Party/s :       Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                      Heard Ms. Kumari Pallavi, learned counsel for the

                   petitioner and Mr. Madan Kumar, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   28.03.2026, in connection with Rajnagar P.S. Case No. 86 of 2025,

                   F.I.R. dated 10.03.2025 registered for the offences punishable

                   under Sections 274, 275, 3(5) of the B.N.S. and Sections 30(a), 47

                   of the Bihar Prohibition & Excise Act.

                                3. Recovery is of 1535.640 litres of illicit liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent 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 recovery has been made behind the house

                   of co-accused person, namely, Shivji Mandal and the name of the

                   petitioner has been transpired on the basis of disclosure made by
Patna High Court CR. MISC. No.31232 of 2026(2) dt.08-05-2026
                                            2/3




          co-accused person, namely, Sudhir Kumar Mandal. It appears

          from the seizure list that altogether 1535.640 litres of Nepali Sofi

          liquor was recovered behind the house of co-accused Shivji

          Mandal and thereafter 90 litres of country made liquor was

          recovered from the scooty in question. He further submits that the

          petitioner is not the owner of the scooty in question and he has no

          concern at all with the co-accused persons, namely, Sudhir Kumar

          Mandal and Shivji Mandal. It appears from the seizure list that the

          seizure list witnesses are police personeel so         there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and the

          petitioner is in custody since 28.03.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the petitioner

          and submits that the petitioner carries four more cases of similar

          nature other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in the

          pending matters.

                       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
               Patna High Court CR. MISC. No.31232 of 2026(2) dt.08-05-2026
                                                           3/3




                         to the satisfaction of learned Exclusive Special Judge Exise,

                         Madhubani in connection with Rajnagar P.S. Case No. 86 of 2025,

                         subject to the following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         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