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Patna High Court

Muntun Mandal @ Manchun MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to bail as the prosecution failed to establish arrest at the spot, possession of liquor, and relied on undisclosed secret information.

Summary

Muntun Mandal was arrested in connection with the alleged recovery of 57.75 litres of liquor from his potato field and faces charges under Section 30(a) of the Bihar Excise Act. The petitioner argued that he was not arrested at the spot, no liquor was found in his conscious possession, and the accusation relied on unnamed secret information, making the case weak. He also highlighted his three prior excise cases and his custody since 12‑03‑2026. The State opposed bail. The court, after considering these submissions, found the lack of direct evidence and reliance on secret information sufficient to grant bail, subject to a bond of Rs. 5,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Excise Act given the circumstances of arrest and evidence.
  • Whether the prosecution's reliance on secret information and lack of possession justifies denial of bail.

Subjects

  • bail
  • excise
  • Section 30(a)
  • Bihar Excise Act
  • criminal procedure
  • secret information
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29813 of 2026
                    Arising Out of PS. Case No.-16 Year-2026 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Muntun Mandal @ Manchun Mandal Son of Mithu Mandal Resident of
                 Village- Runnisaidpur, Ward No. 11, P.S.- Runnisaidpur, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhusudan Rai
                 For the Opposite Party/s :       Mr.Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases under the Excise Act

                   and allegation is of recovery of 57.75 litres of liquor from a

                   potato field of the petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and the field is a place

                   outside the house thus is accessible to villagers at large and he

                   came to be implicated at the instance of local people, but then
              Patna High Court CR. MISC. No.29813 of 2026(2) dt.04-05-2026
                                                          2/2




                        the name of the person, who disclosed the name of the

                        petitioner, is not disclosed in the FIR, which casts an aspersion

                        on the case of the prosecution, when petitioner has not been

                        implicated based on secret information. It is further submitted

                        that once an accused is implicated in a case relating to excise,

                        the police starts implicating mechanically either at the instance

                        of Chowkidar, local person, confessional statement or secret

                        information without holding a proper investigation. It is also

                        submitted that petitioner is in custody since 12-3-2026.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner, let the petitioner, above named, be

                        released on bail on furnishing bail bond of Rs. 5,000/- (Rupees

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

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Runnisaidpur P.S.

                        Case No. 16 of 2026.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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