Krishna Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39163 of 2026 Arising Out of PS. Case No.-172 Year-2026 Thana- SUPPI District- Sitamarhi ====================================================== Kamal Paswan S/o Laxmi Paswan R/o Village - Barharwa, P.S - Suppi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Suppi P.S. Case No.172 of 2026 dated 13.05.2026 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act.

3. As per the allegation, the informant a police officer found the two persons concealing something by the side of road, who upon seeing the police party, tried to flee away, but the petitioner came to be apprehended. It has further been alleged that altogether 105 liters of Nepali country made liquor was recovered from three plastic bags, which was kept lying by the side of the road.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.39163 of 2026(2) dt.17-06-2026 2/2 that petitioner has been falsely implicated in this case. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner. It has further been submitted that the procedures regarding search and seizure under Section 103/105 of B.N.S.S. has not been followed with. It has further been submitted that petitioner has got clean antecedent. It has lastly been submitted that the petitioner is in custody since 13.05.2026.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

6. Heard the parties and perused the records.

7. Considering the facts and circumstances of the case as well as the period of custody, the petitioner above-named is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge 1st, Exclusive Excise Judge-1, Sitamarhi in connection with Suppi P.S. Case No.172 of 2026.

8. The application stands allowed.

(Praveen Kumar, J) shivam/- U T