Bhagyarath Mandal @ Bhagirath Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57776 of 2025 Arising Out of PS. Case No.-282 Year-2025 Thana- RAJNAGAR District- Madhubani ====================================================== Bhagyarath Mandal @ Bhagirath Mandal, S/O Manak Mandal R/O VillageGhiwahi, P.S.- Rajnagar, Distt.- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Madhumita Singh, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with G.R. No. 918 of 2025, arising out of Rajnagar P.S. Case No. 282 of 2025 for the offences registered under Sections 274, 275/ 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise Act.
3. On secret information regarding keeping of illicit liquor by the petitioner and co-accused Anil Mandal in village Ghiwahi, police party reached near the house of co-accused Anil Mandal. On search, total 270.420 liters of foreign liquor was recovered from the straw and asbestos house of co-accused Anil Mandal. Petitioner and co-accused were not found in their house.
Patna High Court CR. MISC. No.57776 of 2025(3) dt.09-10-2025 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. The alleged recovery of illicit liquor has not been made from the house of the petitioner. Nothing has been recovered from conscious possession of the petitioner. Petitioner was not present on the spot. There is no independent witness to the seizure-list. Petitioner has three criminal antecedents which belong to Excise Act. He is in judicial custody since 08.07.2025. Charge-sheet has already been submitted in this case. There is no chance of absconding the petitioner or tampering with the evidence.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Madhubani in connection with G.R. No. 918 of 2025, arising out of Rajnagar P.S. Case No. 282 of 2025, subject to following conditions:
Patna High Court CR. MISC. No.57776 of 2025(3) dt.09-10-2025 3/3 (I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on failure on two consecutive dates without sufficient reason, the trial Court may cancel the bail of the petitioner.
(Sunil Dutta Mishra, J.) rakhi/- U T