Patna High Court

CR. MISC./59291/2026 of Mantosh Kumar Mandal @ Mantosh Mandal Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59291 of 2026 Arising Out of PS. Case No.-112 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1. Mantosh Kumar Mandal @ Mantosh Mandal Son of Shivjee Mandal Resident of village

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59291 of 2026

Arising Out of PS. Case No.-112 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani ======================================================

1.

Mantosh Kumar Mandal @ Mantosh Mandal Son of Shivjee Mandal Resident of village -Tardiha PS -Bhairabsthan Distt -Madhubani

2.

Pawan Mandal Son of Dhaneshwar Mandal Resident of Village - Rampatti, Ps- Rajnagar, Dist- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Ravindra Kumar Singh

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma

======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR

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ORAL ORDER

19-08-2026 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

2. The petitioners seek bail in connection with Bhairavsthan PS Case No. 112 of 2026, instituted for the offence under Sections 274, 275 and 3(5) of B.N.S. Act and 30(a) of Bihar Prohibition and Excise Act, 2018.

3. The prosecution case, in brief, is that on search, total 513 liters of Nepali countrymade liquor was recovered from Scorpio. It is alleged that the petitioners, while fleeing away from the spot, were apprehended by the Police.

4. The learned counsel for the petitioners submits that nothing has been recovered from the conscious possession of Patna High Court CR. MISC. No.59291 of 2026(2) dt.19-08-2026

the petitioners and the Scorpio did not belong to the petitioners and the petitioners were not aware about the consignment carried away in the said Scorpio. It is further submitted that the petitioners have got clean antecedents.

5. The learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Having heard the parties and taking into consideration the fact that the petitioners have clean antecedents and nothing has been recovered from the conscious possession of the petitioners and also the fact that the charge-sheet has been submitted, this Court is inclined to grant bail to the petitioners.

7. Let the abovenamed petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Jhanjharpur, in connection with Bhairavsthan PS Case No. 112 of 2026, subject to the following conditions :- (I) One of the bailors shall be the petitioners’ own or close family member. (II) The petitioners shall appear on each and every date fixed during the trial and also co-operate in the process of trial.

Patna High Court CR. MISC. No.59291 of 2026(2) dt.19-08-2026

(III) The petitioners shall not tamper with the prosecution evidence or influence/ intimidate any witness during the course of trial. (IV) The petitioners shall not commit offence of a similar nature in future. In case of violation of any of the aforesaid conditions, the Trial court shall be at liberty to cancel the bail bonds of the petitioners.

rinkee/- (Alok Kumar, J) U T

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