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Patna High Court

Manoj MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner with the condition that he not indulge in similar offences.

Summary

Manoj Mandal applied for bail in an excise case (Case No. 67 of 2026) for alleged possession of four litres of illicit country-made liquor and 75 litres of jawa mahua, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that the seized items were recovered from his house, not from his personal possession, and that the police failed to comply with Section 105 of the BNSS during the seizure. The State opposed bail, citing four prior cases of a similar nature against the petitioner. After hearing both sides, the Court considered the procedural irregularities and the petitioner’s antecedents, and decided to grant bail on condition that he does not commit similar offences. The bail was ordered on a bond of Rs.10,000 with two sureties of the same amount, to be filed before the District & Additional Sessions Judge‑VII‑cum‑Exclusive Special Excise Court II, Lakhisarai.

Issues considered

  • Whether the petitioner is entitled to bail despite alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the seizure complied with Section 105 of the BNSS.
  • Impact of the petitioner’s prior criminal antecedents on the bail decision.

Legislation cited

Subjects

  • bail
  • excise
  • illegal liquor
  • seizure
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • prior convictions
  • Section 105

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17268 of 2026
                      Arising Out of PS. Case No.-67 Year-2026 Thana- Excise P.S. District- Lakhisarai
                 ======================================================
                 Manoj Mandal S/o Late Bhuneswar Mandal Resident of Village- Dharamrai
                 Chak Ward No 6, P.S.- Lakhisarai, District- Lakhisarai
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :         Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Excise P.S. Case No.67 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The case of the prosecution, in short, is that from

                   the possession of this petitioner four liters of chulaai country

                   made liquor and 75 liters of jawa mahua was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that from perusal of the seizure list it

                   will transpire that the recovery has been made from the house of

                   this petitioner. Learned counsel for the petitioner has submitted

                   that nothing has been recovered from the possession of this

                   petitioner. The witnesses of the seizure list are police personnel
            Patna High Court CR. MISC. No.17268 of 2026(2) dt.23-03-2026
                                                        2/2




                      and police has not complied Section 105 of the BNSS while

                      making seizure. It has further been submitted that petitioner is in

                      custody since 31.01.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State and he has submitted that the petitioner is having

                      criminal antecedent of four cases out of which all are of similar

                      nature.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail with the condition that

                      the petitioner shall not indulge in similar nature of offences.

                      The above named petitioner is directed to be enlarged on bail on

                      furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

                      with two sureties of the like amount each to the satisfaction of

                      the learned court of District & Additional Sessions Judge-VII-

                      cum-Exclusive         Special      Excise     Court   II,   Lakhisarai   in

                      connection with Excise P.S. Case No.67 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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