Patna High Court
Krishna Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Krishna Kumar Mandal was arrested on 30 January 2026 for alleged possession of 239.400 litres of illicit Nepali liquor, charged under Section 30(a) of the Bihar Prohibition and Excise Act and Section 78 of the J.J. Act, 2015. He pleaded that the liquor was seized from a tempo, not from his conscious possession, that he is not the vehicle owner, and that he has a clean criminal record. The petitioner also highlighted non‑compliance of Sections 103 and 105 of the Bihar Narcotic and Substance (BNSS) Act, 2023, and pointed out that a co‑accused, Babu Narayan Mandal, had been granted bail in a similar case. The Additional Public Prosecutor opposed bail. Considering the clean antecedent, the precedent of bail to the co‑accused, and the statutory non‑compliance, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding court attendance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged possession of a large quantity of illicit liquor
- Whether the non‑compliance of Sections 103/105 of the BNSS, 2023, affects the grant of bail
- Whether the grant of bail to a similarly situated co‑accused warrants similar relief to the petitioner
Subjects
- bail
- illicit liquor
- prohibition and excise
- criminal antecedent
- BNSS Act
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20935 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- Nehra District- Darbhanga
======================================================
Krishna Kumar Mandal S/o Mahendra Mandal R/o Village- Kalapatti
(Jhakrahi Tola), P.S.- Phulparas, Dist. - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-03-2026 Heard Mr. Kumar Praveen, learned counsel for the
petitioner and Mr. Sanjay Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.01.2026 in connection with Nehra P.S. Case No. 15 of 2026,
F.I.R. dated 30.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act and
Section 78 of the J.J. Act, 2015.
3. Recovery is of 239.400 liters of Nepali country
made liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent 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
Patna High Court CR. MISC. No.20935 of 2026(2) dt.30-03-2026
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recovered from the conscious possession of the petitioner rather
the recovery of 239.400 liters of illicit liquor has been made
from the tempo in question. He further submits that the
petitioner is not the owner of the said vehicle in question. There
is non-compliance of section 103/105 of the BNSS, 2023. He
further submits that the similarly situated co-accused, namely,
Babu Narayan Mandal has been granted regular bail vide order
dated 12.03.2026 passed in Cr. Misc. No. 15697 of 2026 by a
Co-ordinate Bench of this Court. The petitioner is in custody
since 30.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, similarly situated co-
accused person has been granted bail by a Co-ordinate Bench of
this Court and there is non-compliance of Section 103/105 of
the BNSS, 2023, 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 Exclusive Special Judge-II (Excise Act) Darbhanga
in connection with Nehra P.S. Case No. 15 of 2026, subject to
the following conditions:-
Patna High Court CR. MISC. No.20935 of 2026(2) dt.30-03-2026
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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
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)
Vanisha/-
U T
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