Patna High Court
BIKASH @ BIKASH MANDALversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a), 41(1), 41(2)
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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