Bijay Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53283 of 2025 Arising Out of PS. Case No.-155 Year-2025 Thana- Excise P.S. District- Bhagalpur ====================================================== Bijay Kumar Mandal S/o- Shri Lal Mandal, R/o Village- Babupur, Ward No.01, P.S.- Sabour, District- Bhagalpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Upadhyaya, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case in brief is that 112.950 liters of illicit foreign liquor was recovered from an Auto of which the petitioner is alleged to be the driver.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The seized vehicle in question is owned by someone else and not by the petitioner. He further submits that in similar circumstances the co-accused namely, Munna Kumar has already been granted bail by a co-ordinate Bench of this Court vide order
Patna High Court CR. MISC. No.53283 of 2025(2) dt.11-08-2025 2/3 dated 07.08.2025 passed in Cr. Misc. No. 52321 of 2025 and on the ground of parity, he also prays for grant of bail. Learned counsel next submits that the petitioner carries two criminal antecedents of similar nature and in both the cases he is on bail as mentioned in the paragraph no. 3 of the bail application. Learned counsel lastly submits that the petitioner is in custody since 29.05.2025.
5. Learned Additional Public Prosecutor for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the submissions made on behalf of the parties and also taking into account the fact that a similarly situated co-accused has already been granted bail by a co-ordinate Bench of this Court vide order dated 07.08.2025 passed in Cr. Misc. No. 52321 of 2025, coupled with petitioner's period of custody, this Court is inclined to enlarge the petitioner on bail. Accordingly, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending / successor Court, in connection with Excise (Sadar) P.S. Case No. 155 of 2025, subject to the following conditions: (i) One of the bailors of the petitioner shall be his
Patna High Court CR. MISC. No.53283 of 2025(2) dt.11-08-2025 3/3 close relative.
(ii) The petitioner shall remain physically present in the Court on each date of the trial.
(iii) In case of absence on two consecutive dates without substantial reason, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned 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 bond in terms of the above-mentioned order shall not be delayed for purpose of or in name of verification.
7. Accordingly, the prayer for bail stands allowed. (Alok Kumar Sinha, J) Shahnawaz/- U T