Mandeep @ Mandeep Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2717 of 2026 Arising Out of PS. Case No.-217 Year-2025 Thana- SIDHWALIYA District- Gopalganj ====================================================== Mandeep @ Mandeep Sharma, Son of Amar Nath Sharma, R/O village- Near Gaur Brahman, P.S.- Tigrana, District - Bhiwani, Haryana. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Adesh Raj Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-02-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Sidhwaliya P.S. Case No. 217 of 2025 registered for the offences punishable under Sections 112(2), 271, 272, 275, 210, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The police on an information that a truck, bearing registration no. HR61E 4101, is said to be engaged in transportation of banned fish. On the said information, the police intercepted the truck, however, noticing the police party, the driver and khalasi of the said truck succeeded in fleeing away. Altogether 35 quintals of banned Thai/African Mangur fish was recovered, which has been seized later on.
4. Learned Advocate for the petitioner submitted that the petitioner has no concern with the seized fish, however, only on account of he being the owner of the said truck, which is a
Patna High Court CR. MISC. No.2717 of 2026(2) dt.04-02-2026 2/3 commercial vehicle and being used for transportation on rent, his name has been implicated in this case. So far the loaded banned fish is concerned, in fact, it is not a banned, rather it is Indian fish, for which assignment was loaded by one Rakesh Mandal and consignee was one Mandip Sharma. To support the aforesaid contention, the copy of the Bill has also been annexed as Annexure-2 to the bail application. The petitioner has absolutely fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the vehicle of the petitioner was used for the purposes of illegal transportation of banned fish.
6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the materials available on record that the name of the petitioner has only been implicated on account of fact he being the owner of the truck, in question, used for transportation of goods. However, he has nothing to do with the consignment, which was being transported through his truck, besides his fair antecedent, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of
Patna High Court CR. MISC. No.2717 of 2026(2) dt.04-02-2026 3/3 receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Gopalganj in connection with Sidhwaliya P.S. Case No. 217 of 2025, subject to the condition as laid down under Section 482
(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the local residents.
(Harish Kumar, J) uday/- U T