Patna High Court
GOVIND KUMAR MANDAL @ GOVIND MANDALversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Govind Kumar Mandal, was charged under section 30(a) of the Bihar Prohibition and Excise Act for the alleged seizure of 76.8 litres of country‑made liquor from an open place. The petitioner claimed innocence, stating that no liquor was recovered from his possession and that he was falsely implicated, having been in judicial custody since 2 March 2026. The State opposed bail, highlighting five prior criminal cases against the petitioner. After hearing both sides, the High Court considered the lack of direct possession, the claim of false implication, and the petitioner’s custody status, and decided to grant regular bail. The court ordered his release on a bail bond of Rs 10,000 with two sureties, subject to a condition that he not commit similar offences in the future.
Issues considered
- Whether regular bail can be granted to a person accused under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the absence of seized liquor in the petitioner’s possession and the claim of false implication justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- illegal liquor
- criminal antecedent
- section 30(a)
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28244 of 2026
Arising Out of PS. Case No.-85 Year-2024 Thana- PALASI District- Araria
======================================================
GOVIND KUMAR MANDAL @ GOVIND MANDAL S/o Sri Sinheshwar
Mandal @ Gulab Beldar R/o vill - Dhapri @ Balua Dhapdi (Ward no. 2), P.S.-
Palasi, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar Singh
For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from eight
cartoons, altogether 76.8 liters of country made liquor was
recovered. The recovery has been made from an open place.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. He has been
falsely implicated in this case. There is no independent witness
Patna High Court CR. MISC. No.28244 of 2026(2) dt.04-05-2026
2/2
of the seizure list rather they are police personnel. The petitioner
was not apprehended on spot. Moreover, he is languishing in
judicial custody since 02.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of five
cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Palasi P.S. Case No. 85 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Sessions Judge-cum- Exclusive Special Judge Excise-II, Araria
with a condition that the petitioner shall not indulge himself
in similar nature of offences in future.
(Ashok Kumar Pandey, J)
shubham/-
U T
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