Patna High Court
Rakesh MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Rakesh Mandal, was arrested in connection with a case alleging possession of 85.620 litres of illegal foreign liquor recovered from a tempo, contravening Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no incriminating material in his conscious possession, had no prior criminal record, and was falsely implicated. The prosecution opposed bail, emphasizing the seriousness of the offence. The Court, after considering the facts, the length of custody since 14‑02‑2025, and the lack of direct evidence against the petitioner, decided to grant bail. He was released on a bail bond of Rs 10,000 with two sureties, with the order expressly limited to bail considerations and not to the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the nature of the alleged offence and the period of custody.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition
- excise
- illegal liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30067 of 2026
Arising Out of PS. Case No.-55 Year-2026 Thana- PANDAUL District- Madhubani
======================================================
Rakesh Mandal S/O Late Suresh Mandal R/O Vill.- Bargoriya, P.S-Pandaul,
Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Pandaul P.S. Case No. 55 of 2026 (G.R. Case No. 217 of 2026)
registered for the offences punishable under Sections 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case is that 85.620 liters of illegal
foreign liquor was recovered from the tempo.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner is
in custody since 14.02.2025 and has got no criminal antecedent.
Patna High Court CR. MISC. No.30067 of 2026(2) dt.06-05-2026
2/2
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
Learned Exclusive Special Judge Excise Act,
Madhubani/concerned Court in connection with Pandaul P.S.
Case No. 55 of 2026.
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.
(Ansul, J)
abhishekkr/-
U T
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