Patna High Court
Kripal Kumar @ Kripal MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Kripal Kumar, was arrested at Bhagalpur Rail Police Station for alleged possession of 12 liters of liquor recovered in a seizure of 162 liters, under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that no incriminating material was found in his conscious possession and that he was falsely implicated, despite having two prior criminal antecedents and having been in custody since 24-11-2025. The State opposed bail, citing the seriousness of the offence and lack of compliance with Section 103 of the B.N.S.S., 2023. The Court, after considering the facts, the period of custody, and the petitioner's claim of false implication, decided to grant bail. The petitioner was ordered to be released on furnishing a bail 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 considering the nature of the offence and the petitioner’s antecedents.
- Whether the petitioner’s claim of false implication and lack of incriminating material in his possession warrants bail.
- Whether compliance with Section 103 of the B.N.S.S., 2023 is a prerequisite for bail in this case.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.772 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- BHAGALPUR RAIL P.S. District-
Bhagalpur
======================================================
Kripal Kumar @ Kripal Mandal S/O Late Arun Mandal R/O Village- Lailakh,
P.S- Sabour, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Mrs.Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Bhagalpur Rail P.S. case
No. 200 of 2025 instituted for the offences under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 162 liters
liquor was recovered out of which 12 liters liquor was
recovered from the petitioner and the petitioner was arrested on
spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
Patna High Court CR. MISC. No.772 of 2026(2) dt.19-01-2026
2/2
has got no concern with the alleged recovery of liquor. It is
further submitted that the petitioner has been falsely implicated
with ulterior motive. The petitioner is in custody since
24.11.2025 and has got two criminal antecedents. There is no
compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhagalpur Rail P.S.
case No. 200 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
Checking your session…