Patna High Court
Fekan Mandal @ Phekan MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275
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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