Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.