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Patna High Court

Pramod MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Petitioner Pramod Mandal was arrested on 9 March 2026 in connection with a case under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act for the alleged recovery of 44 litres of foreign liquor from his vehicle. He pleaded that he has a clean antecedent, was falsely implicated merely because he owned the vehicle, and that the investigating authorities failed to comply with Sections 103 and 105 of the Bihar Narcotic/Excise (BNSS) Act, 2023. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the petitioner’s clean record and the alleged procedural lapses, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence or witnesses, and verification of antecedents. The bail order also directed that acceptance of the bond not be delayed for verification purposes.

Issues considered

  • Whether bail should be granted in a case involving alleged possession of foreign liquor under the Bihar Prohibition & Excise Act.
  • Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants bail.
  • Whether the petitioner’s clean antecedent and claim of false implication justify bail.

Subjects

  • bail
  • prohibition
  • excise
  • foreign liquor
  • procedural lapse
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23678 of 2026
                     Arising Out of PS. Case No.-499 Year-2025 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Pramod Mandal S/o- Subhash Mandal R/v- Godhiyari Rampur Parhat Ps-
                 Rupauli District-Purnea

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :         Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-04-2026                    Heard Mr. Ram Prawesh Kumar, learned counsel for

                   the petitioner and Mr. Shyam Bihari Singh, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   09.03.2026, in connection with Madya Nisedhy P.S. Case No.

                   499 of 2025 corresponding to Special Case No. 513 of 2025,

                   F.I.R. dated 09.09.2025 registered for the offences punishable

                   under Sections 30(a) and 32(3) of the Bihar Prohibition &

                   Excise Act.

                                3. Recovery is of 44 litres of foreign liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case. As per allegation in the F.I.R.

                   that the recovery has been made from the vehicle in question
Patna High Court CR. MISC. No.23678 of 2026(2) dt.08-04-2026
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          and petitioner has been made accused merely on the ground that

          the petitioner is the owner of the vehicle in question. He further

          submits that altogether 44 litres of foreign liquor was recovered

          from the vehicle in question and there is non-compliance of

          Sections 103 and 105 of BNSS, 2023 and the petitioner is in

          custody since 09.03.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for                  bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that petitioner having clean antecedent and there is

          non-compliance of Sections 103 and 105 of the BNSS, 2023, let

          the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Judge Excise -II, Kishanganj in connection

          with Madya Nisedh P.S. Case No. 499 of 2025 corresponding to

          Special Case No. 513 of 2025,                   subject to the following

          conditions :-

                        (1) 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
               Patna High Court CR. MISC. No.23678 of 2026(2) dt.08-04-2026
                                                           3/3




                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T


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