Patna High Court
Ravindra Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Ravindra Kumar Mandal was charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly carrying 76 litres of illicit country-made liquor on his bicycle. The petitioner claimed innocence, stating that no liquor was recovered and that the police seizure list was prepared by police personnel without complying with Section 105 of the B.N.S.S. He had been in judicial custody since 14 February 2026. The State opposed bail, citing a prior similar offence. After hearing both sides, the court found merit in the petitioner's arguments and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge, Excise‑I, Araria.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure affects the bail application.
- Whether the petitioner’s prior criminal antecedent bars the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- illicit liquor
- seizure procedure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28922 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- R S P.S. District- Araria
======================================================
Ravindra Kumar Mandal S/o Hem Lal Mandal @ Hen Lal Mandal R/o vill -
Hridaypur, ward no. 5, P.s.- R.S., Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 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, in short is that the
petitioner was carrying 76 liters of illicit country made liquor on
his bicycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Nothing has been recovered
from his possession. He has no concern with alleged liquor. It
has further been submitted that the witnesses of the seizure list
are police personnel. Police has not complied Section 105 of the
Patna High Court CR. MISC. No.28922 of 2026(2) dt.05-05-2026
2/2
B.N.S.S. while making the seizure. Petitioner is languishing in
judicial custody since 14.02.2026.
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 one
case of similar nature.
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
R.S. P.S. Case No. 35 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Spl. Judge, Excise-
I, Araria.
(Ashok Kumar Pandey, J)
lata/-
U T
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