Patna High Court
Ghuran MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275
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
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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
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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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