Patna High Court
Khush Md. Mandal @ Khush Md. MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
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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
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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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