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Patna High Court

Ghuran MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to specified conditions.

Summary

Ghuran Mandal was arrested in connection with the seizure of 153 litres of illicit liquor and charged under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 17 March 2026 and claimed a clean antecedent. The petitioner offered to donate Rs.25,000 to a charitable organization as a condition for bail. The State opposed the bail application. The Patna High Court, after considering the facts and submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with three specific conditions, including the charitable donation, regular attendance at the police station, and verification of antecedents. The court clarified that its observations were prima facie and would not affect the merits of the trial.

Issues considered

  • What is the appropriateness of granting regular bail to a person accused of offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act?
  • Whether the petitioner’s undertaking to donate Rs.25,000 to a charitable organization can be considered a valid condition for bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • criminal procedure
  • regular bail
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27575 of 2026
                      Arising Out of PS. Case No.-82 Year-2025 Thana- DEODHA District- Madhubani
                 ======================================================
                 Ghuran Mandal S/O Late Bhutai Mandal R/O Village- Bathne Purav, P.S-
                 Pandaul, District- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagan Deo Yadav, Advocate
                                                  Mr. Ravi Prakash, Advocate
                                                  Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The present application has been filed seeking

                   regular bail in connection with Deodha P.S. Case No. 82 of

                   2025, registered for offences punishable under Sections 274 and

                   275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                                 3. As per the prosecution case, 153 liters of illicit

                   liquor have been recovered from the vehicle in question. The

                   petitioner is in custody since 17.03.2026 and claims clean

                   antecedent.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Patna High Court CR. MISC. No.27575 of 2026(2) dt.28-04-2026
                                            2/3




          Twenty-Five Thousand only) to a charitable organization,

          without prejudice to his defence and without admitting guilt.

                       5. Learned APP for the State has opposed the prayer

          for bail.

                       6. Having considered the facts and circumstances of

          the case and the submissions advanced on behalf of the parties,

          the application for bail is allowed.

                       7. Accordingly, the petitioner is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand only) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor court in connection with Deodha P.S. Case

          No. 82 of 2025, subject to the following conditions:

                                       (I). The petitioner shall deposit a sum of
                          Rs. 25,000/- (Rupees Twenty-Five Thousand only)
                          with Ramakrishna Mission Sevashrama, Swami
                          Vivekananda Path, Bela, Muzaffarpur, Bihar, and
                          shall produce a valid receipt thereof before the
                          court below. The bail bonds shall be accepted only
                          after verification of the genuineness of the said
                          receipt.

                                       (ii). The petitioner shall mark his
                          attendance at Pandaul Police Station on every 1 st
                          and 3rd Sunday of each month. In the event of
                          default, the bail bonds shall be liable to be
            Patna High Court CR. MISC. No.27575 of 2026(2) dt.28-04-2026
                                                        3/3




                                      cancelled.

                                                   (iii). At the time of acceptance of bail
                                      bonds, the court below shall verify the antecedents
                                      of the petitioner. The bail bonds shall be accepted
                                      only upon confirmation that the petitioner has no
                                      criminal antecedent. However, such verification
                                      shall not be used as a ground to unnecessarily
                                      delay acceptance of the bail bonds.



                                   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.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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