Patna High Court
Mandhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000 and two sureties.
Summary
The petitioner, Mandhir Kumar Naresh Prasad, was arrested in connection with a case registered under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, after 310 litres of country‑made liquor were recovered from a motorcycle he was riding. He has been in custody since 23 March 2026 and claims that no incriminating article was found in his personal possession and that he has a clean criminal record. The State opposed his bail application, arguing the seriousness of the alleged offence. The Court observed that the absence of any seized contraband from the petitioner’s possession and his spotless antecedents warranted the grant of bail. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to the conditions of the Special Excise Court, Nawada. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 given the facts of the case.
Legislation cited
Subjects
- bail
- prohibition law
- excise law
- illegal liquor
- criminal procedure
- section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23827 of 2026
Arising out of PS. Case No.-45 Year-2026 Thana- PARANDABAR District- Nawada
======================================================
Mandhir Kumar Naresh Prasad @ Naresh Prasad Yadav R/o Vill-
Harnarayanpur, P.S.- Parnadabar, Distt- Nawada... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Adv.
For the Opposite Party/s : Mrs. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 18-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Parnadabar P.S. Case
No. 45 of 2026 dated 17.03.2026 registered for alleged offences
under section 30(a) of Bihar Prohibition and Excise Amendment
Act, 2022.
3. The allegation is that 310 liters country-made liquor
was recovered from the motorcycle and the petitioner is said to
be the rider of the said motorcycle.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the possession of
the petitioner. He further submits that the petitioner has clean
antecedent and is in custody since 23.03.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that no incriminating article is
Patna High Court CR. MISC. No.23827 of 2026(3) dt.18-05-2026
2/2
recovered from the possession of the petitioner and the
petitioner is in custody since 23.03.2026 having no criminal
antecedent, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the Court of Exclusive Special
Excise Court-1, Nawada, in connection with
Parnadabar P.S. Case No. 45 of 2026.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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