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Ajay Mandal Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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Patna HC
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Ajay Mandal Vs The State of BiharAjay Mandal v. The State of Bihar

Allowed¶21

Ajay Mandal v. The State of Bihar

Bail – Section 30(a), Bihar Prohibition and Excise Act

Patna HC5 Feb 2025CR. MISC./5025/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.5025 of 2025, decided 05-02-2025 by Rudra Prakash Mishra, J. Bail granted to Ajay Mandal in Ismilepur PS Case No. 133 of 2024 under Section 30(a) of the Bihar Prohibition and Excise Act; prosecution alleged recovery of 637.77 litres of foreign liquor from the petitioner's house; petitioner in custody since 09.12.2024 with one criminal antecedent; defence pointed to joint house recovery and non-compliance of Section 103 B.N.S.S.; release ordered on bail bonds of Rs.10,000 with two like sureties.

What did the court decide?

Bail granted; petitioner to be released on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Ismilepur PS Case No. 133 of 2024. ¶21

Why is it important?

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court is inclined to grant bail to the petitioner. ¶20

What the court decided

AI extract

Outcome

Bail granted; petitioner to be released on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Ismilepur PS Case No. 133 of 2024.

Issue for consideration

Whether the petitioner, in custody in connection with Ismilepur PS Case No. 133 of 2024 under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court is inclined to grant bail to the petitioner.

Ratio / Principle

The petitioner is to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Ismilepur PS Case No. 133 of 2024.

Detailed headnote1 paragraphs

Bail — Section 30(a), Bihar Prohibition and Excise Act — Ismilepur PS Case No. 133 of 2024, District Bhagalpur — alleged recovery of 637.77 litres of foreign liquor from the house of the petitioner — petitioner in custody since 09.12.2024 with one criminal antecedent — contention that recovery was from a joint house where other family members also reside and that there was non-compliance of Section 103 of B.N.S.S. — considering the facts, circumstances and period of custody, bail granted on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5025 of 2025

Arising Out of PS. Case No.-133 Year-2024 Thana- ISMAILPUR District- Bhagalpur

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

Ajay Mandal Son of Harinandan Mandal Resident of Village- Choti Parbatta, PS- Ismilepur, Distt.- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Dr. Kumar Uday Pratap, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 05-02-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Ismilepur PS Case No. 133 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 637.77 litres of foreign liquor was recovered from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

that recovery is made from the joint house of the petitioner

Patna High Court CR. MISC. No.5025 of 2025(2) dt.05-02-2025 2/2

where the other family members also reside. The petitioner is in custody since 09.12.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ismilepur PS Case No. 133 of 2024.

(Rudra Prakash Mishra, J)

Raj Ranjan/- U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, in custody in connection with Ismilepur PS Case No. 133 of 2024 under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on bail.¶13
The court held
Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court is inclined to grant bail to the petitioner.ratio¶20

Statutes considered

2 provisions across 2 enactments

AI extract

Bihar Prohibition and Excise Act30(a)¶13
B.N.S.S.103¶18

Procedural history

How this case reached the court

AI extract

Prior proceeding
Ismilepur PS Case No. 133 of 2024 (District Bhagalpur, Thana Ismailpur) instituted for offences under Section 30(a) of the Bihar Prohibition and Excise Act; petitioner seeks bail in that case.¶13
Prior proceeding
Prosecution case: total 637.77 litres of foreign liquor recovered from the house of the petitioner.¶14
Prior proceeding
Petitioner in custody since 09.12.2024; has one criminal antecedent; counsel contends non-compliance of Section 103 of B.N.S.S.¶18

Parties & counsel

AI extract

petitioner
Ajay Mandal Son of Harinandan Mandal¶4
Rajive Ranjan Singh
respondent
The State of Bihar¶7
Kumar Uday Pratap

Coram

AI extract

Rudra Prakash Mishraauthor¶8

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 5 Feb 2025 · February
Registered: 24 Jan 2025
Case no.: CR. MISC./5025/2025
CNR: BRHC010000612025
Bench: R. P. Mishra
Disposal: BAIL GRANTED
Case type: Criminal Miscellaneous

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Cite this judgement

Ajay Mandal v. The State of Bihar, CR. MISC./5025/2025 (PAT), decided on 5 February 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Bihar Prohibition and Excise Act30(a)
B.N.S.S.103

View all statutes

Procedural history3

Ismilepur PS Case No. 133 of 2024 (District Bhagalpur, Thana Ismailpur) instituted for offences under Section 30(a) of the Bihar Prohibition and Excise Act; petitioner seeks bail in that case.
Prosecution case: total 637.77 litres of foreign liquor recovered from the house of the petitioner.

View full history

Bench / Coram

Rudra Prakash Mishra

Parties & counsel