Patna High CourtCR. MISC./12107/2026bail granted

Mandip Kumar v. The State Of Bihar

2026-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12107 of 2026 Arising Out of PS. Case No.-1 Year-2026 Thana- SHIVAJINAGAR District- Samastipur ====================================================== Mandip Kumar S/O Ram Babu Mandal Resident of Village- Akhatwara, Police Station- Shivajinagar, District- Samastipur.. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Shivajinagar P.S. case No. 1 of 2026 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 148.77 liters liquor was recovered from behind the house of co-accused and field 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 has got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.12107 of 2026(2) dt.23-02-2026 2/2 further submitted that recovery is made from behind the house of co-accused and mustard field which is is an open place easily accessible to one and all. The petitioner is in custody since 06.01.2026 and has got no criminal antecedent. 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, clean antecedent 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 Shivajinagar P.S. case No. 1 of 2026.

(Rudra Prakash Mishra, J) Pankaj/- U T