Patna High Court
Raja Ram MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Raja Ram Mandal was arrested on 2 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for the alleged seizure of 62.770 litres of illicit foreign liquor from a house that is joint family property. The petitioner contended that the liquor was not in his conscious possession and that the seizure violated Sections 103 and 105 of the BNSS, arguing his innocence. The prosecution opposed bail, highlighting ten prior criminal antecedents, though noting the petitioner was already on bail for those matters. The court examined the factual matrix, the procedural lapses, and the petitioner’s criminal record, and decided to grant bail on a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, appearance, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s antecedents and to cancel bail if any concealment is discovered.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the alleged lack of conscious possession and procedural irregularities.
- Whether the petitioner’s ten prior criminal antecedents preclude the grant of bail.
- Whether non‑compliance with Sections 103 and 105 of the BNSS warrants denial of bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- Section 30
- criminal antecedent
- joint family property
- procedural lapse
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17718 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Raja Ram Mandal Son of Late Laxmi Mandal R/o Mohalla - J.P. Colony,
Ward no. 28, P.S. - Town, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
: Mr. Sumit Kumar Singh, Advocate
: Ms. Archna Aanand, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Bhavesh Kumar Sah, learned counsel for
the petitioner and Ms. Shaheen Begum, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.02.2026 in connection with Sadar Excise P.S. Case No. 56 of
2026, F.I.R. dated 01.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 62.770 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. It appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner rather the recovery has been made from the house
Patna High Court CR. MISC. No.17718 of 2026(2) dt.17-03-2026
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in question. The house in question is joint family property of the
petitioner and there is non-compliance of Section 103 and 105
of BNSS and seizure list witnesses are the police personnel and
the petitioner is in custody since 02.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries ten criminal antecedents other
than the present one 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 Judicial
Magistrate, Madhubani in connection with Sadar Excise P.S.
Case No. 56 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
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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
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