Patna High Court

Bipin Mandal @ Gaurishankar MandalversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The petitioner is entitled to pre‑arrest bail subject to the conditions imposed by the Court.

Summary

The petitioner, Bipin Mandal, was implicated in a case alleging recovery of 53.8 litres of illicit liquor from a semi‑constructed house and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He pleaded that he had no involvement in the liquor trade, the premises were open and accessible to anyone, and he possessed a clean antecedent. The State opposed his request for pre‑arrest bail. The High Court examined the FIR, seizure list and the bail petition, and concluded that the circumstances did not warrant denial of bail. Accordingly, the Court granted pre‑arrest bail on the condition of a Rs.10,000 bond with two sureties and directed the District Court to verify the petitioner’s criminal antecedents, with the order to lapse if other cases are found. The bail application was disposed of with the grant of bail.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail under Section 438(2) of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise Act.
Whether the facts of an open, semi‑constructed house and the petitioner’s clean antecedent justify the grant of bail.
Whether the High Court should condition bail on verification of the petitioner’s criminal antecedents by the District Court.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2), 482(2)

Subjects

pre‑arrest bail
Bihar Prohibition and Excise Act
illicit liquor
Section 30(a)
Criminal Procedure Code
Section 438
Section 482
bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.21242 of 2026
                   Arising Out of PS. Case No.-735 Year-2025 Thana- DHAKA District- East Champaran
                 ======================================================
                 Bipin Mandal @ Gaurishankar Mandal S/o- Vachan Mandal @ Bacchan
                 Mandal Resident of Barharwa Siwan, P.S- Dhaka Dist- East Champaran
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :Mr.Kundan Rathore Alias Kundan Kumar, Advocate.
                 For the Opposite Party/s :Mr.Suman Kumari Singh, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   16-04-2026                   Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                               2. The petitioner seeks pre-arrest bail in connection

                   with Dhaka P.S. Case No. 735 of 2025 registered for the offence

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

                   Excise Act, as amended uptodate.

                               3. Allegation is of recovery of 53.8 litres of illicit

                   liquor from semi constructed house of the petitioner.

                               4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has been falsely implicated

                   in the case. He has no concern either with the seized liquor or

                   trade of liquor in any manner. The place of recovery is semi

                   constructed house of the petitioner which is an open place and is

                   accessible to anyone. The petitioner has clean antecedent.

                               5. Learned APP for the State has vehemently opposed

                   the prayer for grant of pre-arrest bail to the petitioner.
          Patna High Court CR. MISC. No.21242 of 2026(2) dt.16-04-2026
                                                      2/2




                                 6. Having heard the rival submissions made on behalf

                    of the parties, as well as, having perused the allegation made in

                    the F.I.R. and the seizure list, it appears that 53.8 litres of

                    country made liquor was recovered from the plastic sacks

                    hidden in semi constructed house of the petitioner which is

                    accessible to anyone, the petitioner, above named, is directed to

                    be released on pre-arrest bail, in the event of his arrest or

                    surrender before the Court below within a period of four weeks

                    from today, on furnishing bail bond of Rs. 10,000/- (Ten

                    thousand) with two sureties of the like amount each to the

                    satisfaction of learned District Court where the case is pending

                    in connection with Dhaka P.S. Case No. 735 of 2025, subject to

                    the condition as laid down under Section 438(2) of the Cr.P.C /

                    Section 482 (2) BNSS.

                                 7. The District Court is directed to verify the criminal

                    antecedent of the petitioner and if it is found that the petitioner

                    is involved in some other cases as what has been stated in Para-

                    3 of the bail petition, this order will automatically lose its force.

                                 8. The bail application stands disposed of.


                                                             (Purnendu Singh, J)
mantreshwar/-
U      T

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