Patna High Court
Biltu MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner on a bond of Rs.10,000 with conditions, notwithstanding the pending charges.
Summary
Biltu Mandal was arrested on 28 January 2026 after 96 litres of Nepali-made liquor were seized, leading to charges under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the FIR was fabricated, that the procedural requirements of Sections 103 and 105 of the Bihar Narcotic Substances (Amendment) Act, 2023 were not complied with, and that he had a clean criminal record. The State opposed bail. The Court, noting the alleged procedural lapses and the petitioner's clean antecedent, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail bond is to be verified by the Special Judge, but acceptance of the bond should not be delayed. The order directs cancellation of bail if conditions are breached.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Sections 103 and 105 of the Bihar Narcotic Substances (Amendment) Act, 2023, warrants denial of bail.
- Whether the petitioner's clean criminal antecedent influences the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
Subjects
- bail
- excise law
- illegal liquor
- procedural compliance
- criminal antecedent
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21308 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- HARLAKHI District- Madhubani
======================================================
Biltu Mandal Son of Bhola Mandal Resident of Village- Kauaha Barhi, P.S-
Harlakhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr.Shailendra Kumar Jha, learned counsel
for the petitioner and Mr.Yogendra Kumar, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
28.01.2026 in connection with Harlakhi Case No. 30 of 2026,
corresponding to G.R.No.120/2026, F.I.R. dated 28.01.2026
registered for the offence punishable under Sections 274, 275,
3(5) of BNS and Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 96 liters of Nepali country made
liquor.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
Patna High Court CR. MISC. No.21308 of 2026(2) dt.31-03-2026
2/3
alleged in the FIR. It appears from the FIR as well as the seizure
list that altogether 96 liters of Nepali country made liquor was
recovered from the place of occurrence and there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 28.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent and there is non-compliance of Sections 103 and 105
of 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
learned Exclusive Special Judge, Excise, Madhubani in
connection with Harlakhi Case No. 30 of 2026, corresponding
to G.R.No.120/2026, with 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/her absence on two consecutive dates without sufficient
reason, his/her 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
Patna High Court CR. MISC. No.21308 of 2026(2) dt.31-03-2026
3/3
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)
Nitesh/-
U T
Checking your session…