Patna High Court
Pramod MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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