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Patna High Court

BIKASH @ BIKASH MANDALversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to regular bail as the allegations do not warrant continued detention.

Summary

Bikash Mandal was arrested in connection with a case registered under sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no liquor or incriminating article was found in his possession, and that the seizure was made from a different motorcycle driven by a co‑accused. The State opposed the bail application. The court examined the submissions and noted the lack of direct evidence linking the petitioner to the recovered liquor. Considering the circumstances, the court ordered his release on regular bail upon furnishing a bond of Rs. 20,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the allegations under the Bihar Prohibition and Excise Act
  • Whether the absence of seized contraband in the petitioner's possession justifies bail

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • false implication
  • seizure of contraband

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32345 of 2026
                      Arising Out of PS. Case No.-46 Year-2026 Thana- GORADIH District- Bhagalpur
                 ======================================================
                 Bikash @ Bikash Mandal S/O Mritunjay Mandal R/O village- Mahiyama,
                 P.S.- Sanhoula, District- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Diwakar Upadhyaya, Adv.
                 For the Opposite Party/s :       Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                        Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Goradih P.S. Case No. 46 of 2026 registered for the offences

                   punishable under sections 30(a), 41(1) and 41(2) of the Bihar

                   Prohibition and Excise Act.

                                3. The main submissions advanced by petitioner’s

                   counsel are that the petitioner is innocent and has falsely been

                   implicated in the present case merely on suspicion and no liquor

                   or any incriminating article has been recovered from his

                   conscious possession and further, the alleged recovery has been

                   made from the bags tied upon another motorcycle bearing

                   registration No. BR10N0952, which was allegedly being driven

                   by co-accused Mithun Kumar and no recovery has been made

                   from the motorcycle of the petitioner and the petitioner has no
             Patna High Court CR. MISC. No.32345 of 2026(2) dt.12-05-2026
                                                         2/2




                       connection either with the co-accused Mithun Kumar or with the

                       liquor allegedly recovered from the other motorcycle and further,

                       the seizure list has been prepared only in presence of police

                       personnel and no independent witness has been made seizure list

                       witness and the petitioner has been languishing in jail since

                       24.02.2026.

                                    4. Learned APP for the State has opposed the prayer of

                       the petitioner.

                                    5. In the facts and circumstances of this case and

                       considering the statements made in the petition as well as above

                       submissions, this Court is inclined to release him on bail.

                       Accordingly, let the petitioner named-above be released on bail

                       on furnishing bail bond of Rs. 20,000/- (Rupees Twenty

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

                       satisfaction of the court concerned in connection with Goradih

                       P.S. Case No. 46 of 2026.



                                                 (Shailendra Singh, J)
annu/-

U        T


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