Patna High CourtCR. MISC./37471/2026bail granted

Mahant Mandal v. The State Of Bihar

2026-06-18Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37471 of 2026 Arising Out of PS. Case No.-47 Year-2026 Thana- Akbarpur District- Purnia ====================================================== Mahant Mandal Son of Baleshwar Mandal Resident of Village - Jhauwari, Ward No. 3, P.S.- Akbarpur, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-06-2026 Heard Mr.Md Fazle Karim, learned counsel for the petitioner and Mr.Anil Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 08.04.2026 in connection with Akbarpur P.S. Case No. 47 of 2026, F.I.R. dated 08.04.2026 registered for the offence punishable under Sections 274 and 275 of BNS,2023 and Section 30(a) of Bihar Prohibition and Excise Act.

3. Recovery is of 205.710 liters of foreign liquor.

4. Learned counsel appearing for the petitioner submits that it appears from the FIR that the recovery has been made from the house of the co-accused person and petitioner has been made accused in the present case merely on the ground that the petitioner was present in the house of co-accused person, namely, Ramrup Mandal and the petitioner has been

Patna High Court CR. MISC. No.37471 of 2026(2) dt.18-06-2026 2/3 made accused in the present case merely on the basis of suspicion and the petitioner is in custody since 08.04.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner was arrested at the place of occurrence, apart from that, the petitioner carries one more case other than the present one of similar nature but he fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, (Excise-02), Purnea in connection with Akbarpur P.S. Case No. 47 of 2026, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.37471 of 2026(2) dt.18-06-2026 3/3 (III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T