Nandu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47627 of 2025 Arising Out of PS. Case No.-141 Year-2025 Thana- NATHNAGAR District- Bhagalpur ====================================================== Nandu Mandal, aged about 35 (M), Years, S/o Late Mahendra Mandal, R/o Vill- Bhuwalpur, P.S.- Nathnagar, Distt- Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party :

Mr. Harendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Nathnagar P.S. Case No. 141 of 2025 dated 16.05.2025 registered for the offences punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 10 litres of country made liquor and several equipments for preparation of liquor were recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the alleged illicit liquor was

Patna High Court CR. MISC. No.47627 of 2025(2) dt.21-07-2025 2/2 recovered from the joint house of the petitioner in which other family members are also residing. No incriminating article has been recovered from the possession of the petitioner. There is no statutory compliance of Section 103(4) of the B.N.S.S., 2023. The petitioner has no concern with the alleged offence. The petitioner has three criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 17.05.2025.

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

6. Considering the aforesaid 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. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-2, Bhagalpur in connection with Nathnagar P.S. Case No. 141 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T