Patna High Court
Indal MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Indal Mandal was arrested on 6 February 2026 in connection with the seizure of 110 litres of illicit liquor alleged to violate Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2018. The petitioner contended that the liquor was recovered from an open bush and not from his possession, and that the investigating authorities failed to comply with Sections 103 and 105 of the BNSS. The prosecution opposed bail, citing three prior criminal cases of a similar nature, although the petitioner was already on bail for those matters. The Court examined the factual matrix, the alleged procedural lapses, and the petitioner’s antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed the Special Judge Excise‑II, Khagaria to accept the bail without delay for verification purposes.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act, 2018 in view of alleged non‑possession of the seized liquor.
- Whether non‑compliance of Sections 103 and 105 of the BNSS warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal antecedent
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16926 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- BELDOUR District- Khagaria
======================================================
Indal Mandal Son of Niro Mandal R/o Village - Varun, Ward No.8, P.S.-
Beldaur, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Amit Prakash, learned counsel for the
petitioner and Mr. Sanjay Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.02.2026 in connection with Beldaur P.S. Case No. 42 of
2026, F.I.R. dated 05.02.026 for the offences punishable under
Section 30(a), 30(c) of the Bihar Prohibition and Excise Act,
2018.
3. Recovery is of 110 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.16926 of 2026(2) dt.17-03-2026
2/3
been made from a bush which is open place and accessible to
all. He further submits that there is non-compliance of Section
103 and 105 of BNSS and the petitioner is in custody since
06.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries three criminal antecedents other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge Excise-II, Khagaria in connection with Beldaur P.S. Case
No. 42 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.16926 of 2026(2) dt.17-03-2026
3/3
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…