Patna High Court
Pawan Mandal @ Pawan Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with a bond and conditions, holding that the circumstances did not preclude release.
Summary
The petitioner, Pawan Mandal, was arrested for alleged possession of 1,311.84 litres of illicit foreign and Nepali liquor seized from a semi‑constructed house that he owned. He contended that the house was an open space, the liquor was not in his possession, and the police had not complied with Section 105 of the BNSS while making the seizure. The State opposed bail, citing two prior similar convictions. After hearing both sides, the Court held that bail could be granted provided the petitioner pledged not to engage in similar offences. Accordingly, the petitioner was released on bail upon furnishing a Rs 10,000 bond with two sureties, subject to the condition of not committing similar offences in the future.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor was lawful given the alleged non‑compliance with Section 105 of the BNSS.
- Whether the petitioner’s prior convictions justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- seizure
- Section 30(a)
- Section 105
- prior convictions
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31711 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- PHULPARAS District- Madhubani
======================================================
Pawan Mandal @ Pawan Kumar Mandal S/o Masudi Mandal @ Lt. Masaudi
Mandal @ Lt. Masodi Mandal R/o- Village- Kalapatti, P.S.- Phulparas,
District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Jha Raman, Advocate.
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail 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 from a
semi-constructed house of the petitioner, altogether 1311.84 liters
of illicit foreign and Nepali liquor were recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that though the semi-constructed house belongs to the
petitioner, but it is an open place which has no evidentiary value
in the eye of law. He also submits that nothing has been recovered
Patna High Court CR. MISC. No.31711 of 2026(2) dt.14-05-2026
2/2
from the possession of the petitioner. The witnesses of the seizure
list are police personnel and the police has not complied with
Section 105 of the BNSS while making the seizure. Moreover, the
petitioner is languishing in judicial custody since 03.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has got two criminal
antecedent 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 with the condition that
the petitioner shall not indulge himself in similar nature of
offences in future. The above named petitioner is directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten
thousand only) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge, Excise,
Jhanjharpur, Madhubani in connection with Phulparas P.S. Case
No. 81 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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