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Patna High Court

Fekan Mandal @ Phekan MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Fekan Mandal was arrested in connection with a case alleging possession of 102.375 litres of liquor recovered from a motorcycle, charged under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, had no incriminating article in his possession, no link to the vehicle, no prior criminal record, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record, and procedural lapses, the Court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted to the petitioner given the facts of the case
  • Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita
  • Whether the petitioner was connected to the alleged liquor seizure

Legislation cited

Subjects

  • bail
  • false implication
  • liquor seizure
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91594 of 2025
                   Arising Out of PS. Case No.-154 Year-2025 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Fekan Mandal @ Phekan Mandal Son of Paltu Mandal @ Paltun Mandal
                 Resident of Village- Balwa, P.S.- Madhwapur, 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. Parmanand Prasad, 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 connection with

                   Madhwapur P.S. Case No. 154 of 2025 instituted for the

                   offences punishable under Sections 274, 275 of the Bharatiya

                   Nyaya Sanhita, 2023 and 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 102.375

                   litres of liquor was recovered from motorcycle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted
           Patna High Court CR. MISC. No.91594 of 2025(2) dt.19-01-2026
                                                       2/2




                     that petitioner is in no manner connected with the vehicle in

                     question or the alleged recovery of liquor. The petitioner is in

                     custody since 06.11.2025 and has no criminal antecedent. There

                     is no compliance of Section 103 of the Bharatiya Nagarika

                     Suraksha Sanhita, 2023.

                                5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Madhwapur P.S.

                     Case No. 154 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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