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Patna High Court

GOVIND KUMAR MANDAL @ GOVIND MANDALversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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