Patna High Court
Pintu Kumar Mandal @ Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Pintu Kumar Mandal, was arrested as the driver of a vehicle from which 227.34 litres of illicit foreign liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was unaware of the contraband, that he was a first‑time offender, and that the seizure violated the procedure prescribed under Section 105 of the Bihar Narcotic Substances Act. The State opposed his bail application. The Court examined the facts, the alleged lack of knowledge, and the procedural issue raised. Considering the circumstances, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount. The order was directed to be complied with by the Additional Sessions Judge‑cumm‑Presiding Officer of the Exclusive Special Excise Court No. 03, Saran.
Issues considered
- Whether bail should be granted to a person charged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of illicit liquor.
- Whether the alleged procedural lapse under Section 105 of the Bihar Narcotic Substances Act and the petitioner’s claim of lack of knowledge merit bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
Subjects
- bail
- prohibition and excise
- illicit liquor
- driver
- procedural violation
- first offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23323 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- TARAIYA District- Saran
======================================================
Pintu Kumar Mandal @ Pintu Kumar son of Nantun Mandal Resident of
village- Narwa, Ps- Rampur, Dist- Muzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Taraiya
P.S. Case No. 22 of 2026, registered for the offence under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per allegation, the petitioner was found driving a
vehicle from which altogether 227.340 liters of illicit foreign
liquor was recovered.
4. Learned counsel appearing for the petitioner
submits that the petitioner was the Driver of the vehicle from
which the alleged recoveries have been made and he was not
aware regarding the consignment inside the vehicle. It has
further been submitted that there is violation of procedure
prescribed under Section 105 BNSS. It has lastly been submitted
that the petitioner is the first offender and he is in jail since
Patna High Court CR. MISC. No.23323 of 2026(3) dt.07-05-2026
2/2
19.01.2026.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the, above named, petitioner 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
Additional Sessions Judge-cum-Presiding Officer, Exclusive
Special Excise Court No.03, Saran at Chapra, in connection
with Taraiya P.S. Case No. 22 of 2026.
(Praveen Kumar, J)
Pawan/-
U T
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