Vinod Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84862 of 2025 Arising Out of PS. Case No.-382 Year-2025 Thana- BAISI District- Purnia ====================================================== 1.

Vinod Mandal Son of Anuplal Mandal @ Late Anup Mandal Resident of Hatgachhi, P.S. - Baisi, Dist. - Purnea.

2.

Sanjana Devi Wife of Shri Mukesh Kumar Mandal @ Mukesh Mandal Resident of Hatgachhi, P.S. - Baisi, Dist. - Purnea. 3.

Muniya Devi @ Runiya Devi Wife of Shri Vinod Mandal Resident of Hatgachhi, P.S. - Baisi, Dist. - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar Bhagat For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list, would go to show that 4 liters of foreign liquor is said to have been recovered from the house of co-accused Mukesh Mandal.

4. It is submitted by learned counsel for the petitioners that there is no recovery from the physical and conscious possession of the petitioners. It is submitted that the

Patna High Court CR. MISC. No.84862 of 2025(2) dt.19-12-2025 2/2 petitioners happen to be the father, mother and wife of the main accused Mukesh Mandal, who was subsequently taken into custody. It is further submitted that the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list. Further, the petitioners have no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail.

6. Taking into consideration the fact and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each 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 Baisi P.S. Case No. 382 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

(Soni Shrivastava, J) devendra/- U T