Patna High Court
Gopal MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that bail should be granted as no incriminating article was found in the accused’s conscious possession and the accused had been in custody for an extended period.
Summary
Gopal Mandal was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 30 litres of country‑made liquor were recovered from his bag. The petitioner contended that no incriminating article was found in his conscious possession and that he had been detained since 10 April 2026. The State opposed the bail application. The court observed that the absence of any incriminating article in the petitioner’s conscious possession, coupled with the length of his custody, warranted the grant of bail. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the conditions specified. The order was made on a prima facie basis and does not prejudice 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 when no incriminating article is found in his conscious possession.
- Whether the period of custody since 10 April 2026 justifies the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition act
- excise
- possession
- criminal procedure
- preliminary hearing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34898 of 2026
Arising Out of PS. Case No.-135 Year-2026 Thana- LAKHISARAI District- Lakhisarai
======================================================
Gopal Mandal Son of Late Dev Nandan Mahto Resident of Mohalla-
Dharamrai Chak, Near Kali Mandir, P.S. -Lakhisarai, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Adv.
For the Opposite Party/s : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Lakhisarai P.S. Case No.
135 of 2026 registered under Sections 30(a) of Bihar Prohibition
and Excise Act.
3. The allegation is that 30 litres of country made
liquor was recovered from the bag of the petitioner.
4. Learned counsel for the petitioner submits that
nothing incriminating article was recovered from the conscious
possession of the petitioner. He further submits that the
petitioner is in custody since 10.04.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that nothing incriminating article was
Patna High Court CR. MISC. No.34898 of 2026(2) dt.20-05-2026
2/2
recovered from the conscious possession of the petitioner and
the petitioner is in custody since 10.04.2026, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of District & Sessions Judge IV-cum-
Special Excise Court-I, Lakhisarai, in connection with
Lakhisarai P.S. Case No. 135 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)
Vikash/-
U T
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