Pappu Kumar MandalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40052 of 2026
                   Arising Out of PS. Case No.-27 Year-2026 Thana- Araria Sangram District- Madhubani
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                 Pappu Kumar Mandal S/o- Baijnath Mandal @ Baijnath Prasad @ Vadyanath
                 Mandal, resident of Village- Teen Pipra, PS-Khutauna, Distt- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ratnakar Jha, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-06-2026                     Heard Mr. Ratnakar Jha, learned counsel for the

                   petitioner and Mr. Ajay Kumar Jha, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   15.04.2026, in connection with Araria Sangram P.S. Case No.

                   27 of 2026, F.I.R. dated 15.04.2026 registered for the offences

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

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

                                3. Recovery is of 396.00 litres of Saurabh Saufi

                   Nepali country made 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 from the car

                   in question and the petitioner has been made accused in the
Patna High Court CR. MISC. No.40052 of 2026(2) dt.29-06-2026
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          present case merely on the ground that the petitioner is the

          driver of the Car in question. It appears from the seizure list that

          the seizure list witnesses are police personnel so there is non

          compliance of Section 103 and 105 of the B.N.S.S. and the

          petitioner is in custody since 15.04.2026.

                       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 one more case

          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 matter.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner as well as there is non compliance

          of Section 103 and 105 of the B.N.S.S. , 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 to the satisfaction of learned Exclusive Special

          Judge (Excise), Jhanjharpur, Madhubani in connection with

          Araria Sangram P.S. Case No. 27 of 2026, subject to the

          following conditions :-

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