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Patna High Court

Khush Md. Mandal @ Khush Md. MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Khush Md. Mandal, a co‑driver, was arrested on 1 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 1,746 litres of whisky were seized from a truck. The petitioner claimed he had no conscious possession of the liquor and was falsely implicated merely because he was the co‑driver. The State opposed bail. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of personal appearance, non‑tampering with evidence or witnesses, and verification of criminal antecedent. The bail order was made subject to cancellation if the petitioner absented himself for two consecutive dates without sufficient reason or concealed any prior criminal record.

Issues considered

  • Whether the co‑driver can be granted bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 despite alleged lack of conscious possession.
  • Whether the petitioner’s claim of false implication and clean antecedent warrants bail.
  • Whether the conditions imposed by the court are appropriate for bail in such offences.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure
  • co‑driver
  • false implication
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26567 of 2026
                      Arising Out of PS. Case No.-89 Year-2026 Thana- NARPATGANJ District- Araria
                 ======================================================
                 Khush Md. Mandal @ Khush Md. Mandal S/o Saijuddin @ Saijuddin Mandal
                 R/o Village -Basugaon Bhutia Para, P.S - Basudaon / Basugaon, District -
                 Chiranh / Chirang, State - Assam

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md Naushaduzzoha, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                      Heard Md Naushaduzzoha, learned counsel for the

                   petitioner and Mr. Bhanu Pratap Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   01.03.2026 in connection with Narpatganj P.S. Case No. 89 of

                   2026, F.I.R. dated 28.02.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

                               3. Recovery is of 1746 liters of Rpyal Stag Deluxe

                   Whisky.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.26567 of 2026(2) dt.22-04-2026
                                            2/3




          recovered from the conscious possession of the petitioner rather

          the recovery has been made from truck in question and the

          petitioner has been made accused merely on the basis that he is

          the co-driver of the vehicle in question. The petitioner is in

          custody since 01.03.2026.

                      5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 the learned Exclusive

          Special Judge Excise-I, Araria in connection with Narpatganj

          P.S. Case No. 89 of 2026, subject to the following conditions:-

                        i. 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

           on his absence on two consecutive dates without sufficient

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

                        ii. If the petitioner tampers with the evidence or the

           witnesses, in that case, the prosecution will be at liberty to

           move for cancellation of bail.
            Patna High Court CR. MISC. No.26567 of 2026(2) dt.22-04-2026
                                                        3/3




                                   iii. 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 antecedent, 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)
Suruchi/-

U      T


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