Patna High Court
KRISHNA MANDAL @ KANHAIYA MANDALversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner subject to a bond of Rs.5,000 and two sureties.
Summary
Krishna Mandal, owner of a Scorpio vehicle, was implicated in a case (PS 334/2022) for alleged recovery of 180.36 litres of liquor, violating Sections 30(a), 32(i), 32(ii) and 41 of the Bihar Excise Act. The petitioner argued that he was not apprehended at the spot, had no liquor in his conscious possession, and was unaware that his driver misused the vehicle. He also highlighted that he had been in custody since 12‑01‑2026 and would not abscond if released on bail. The State opposed the bail on grounds of the seriousness of the offences and the petitioner’s prior cases. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties, directing compliance with the trial court’s conditions.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 30(a), 32(i), 32(ii) and 41 of the Bihar Excise Act when the accused was not found in possession of the seized liquor.
- Whether ownership of the vehicle used for the alleged offence makes the owner liable to be denied bail.
- Whether the petitioner poses a flight risk or threat to the investigation despite prior criminal antecedents.
Subjects
- bail
- excise law
- seizure
- vehicle ownership
- criminal procedure
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24832 of 2026
Arising Out of PS. Case No.-334 Year-2022 Thana- SABAUR District- Bhagalpur
======================================================
KRISHNA MANDAL @ KANHAIYA MANDAL S/o Kailu Mandal Resident
of village- Majarhat, ward no. 12, P.S.- Singheshwar Sthan, District-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Upadhyaya, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a), 32(i) (ii) and 41 of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 180.36
liters of liquor from a Scorpio vehicle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.24832 of 2026(2) dt.18-04-2026
2/2
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Manish would misuse the vehicle in the manner as alleged
who was also apprehended from the spot along with Naveen. It
is also submitted that petitioner is in custody since 12.01.2026
and if privilege of bail is granted, the petitioner will not abscond
rather will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Sabaur
P.S. Case No. 334 of 2022.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…