Raj Lal Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83124 of 2025 Arising Out of PS. Case No.-216 Year-2025 Thana- PHULPARAS District- Madhubani ====================================================== 1.
Raj Lal Mandal S/o Late Ramdev Mandal R/o Village - Belha, P.S - Phulparas, District - Madhubani 2.
Prasant Mandal S/o Pawan Mandal R/o Village - Belha, P.S - Phulparas, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Jha, Adv For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with G.R. No. 295 of 2025, arising out of Phulparas P.S. Case No. 216 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 180 liters of Nepali liquor was recovered from Jute Sack.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.83124 of 2025(2) dt.03-12-2025 2/3 got no concern with the alleged recovery of liquor. Learned counsel for the petitioners submits that the recovery is made from an open place, which is accessible to one and all. It is further submitted that petitioners' name have transpired only on the basis of secret information. The petitioners are in custody since 15.10.2025 and have got seven criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail, after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with G.R. No. 295 of 2025, arising out of Phulparas P.S. Case No. 216 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioners.
Patna High Court CR. MISC. No.83124 of 2025(2) dt.03-12-2025 3/3 (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J) krishnakant/- U T