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Patna High Court

Raushan Kumar Mandal @ Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

The petitioner, Raushan Kumar Mandal, was arrested on 8 April 2026 in connection with a case involving the seizure of 205.710 litres of foreign liquor and alleged offences under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He pleaded that he has a clean antecedent, that the FIR is fabricated, and that he had no role in the incident, which involved the recovery of liquor near a co‑accused's house. The State opposed bail, but the court noted the petitioner’s clean record and the lack of substantive evidence linking him to the offence. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent, with cancellation provisions if false information is discovered.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
  • Whether mere suspicion and lack of direct evidence are sufficient grounds to deny bail.
  • Whether the petitioner’s clean antecedent warrants the grant of bail with conditions.

Legislation cited

Subjects

  • bail
  • foreign liquor seizure
  • Sections 274, 275 BNS 2023
  • Section 30(a) Bihar Prohibition and Excise Act 2022
  • clean antecedent
  • suspicion
  • conditions of bail
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34962 of 2026
                         Arising Out of PS. Case No.-47 Year-2026 Thana- Akbarpur District- Purnia
                 ======================================================
                 Raushan Kumar Mandal @ Raushan Kumar S/o Wakil Mandal @ Vakil
                 Mandal Resident of Village- Jhouwari, Ward No.- 03, Police Station- Rupauli
                 (Akbarpur), District- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Vivekanand Singh, Advocate
                 For the Opposite Party/s :         Mr.Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   18-06-2026                    Heard Mr.Vivekanand Singh, learned counsel for the

                   petitioner and Mr.Khurshid Anwar, learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   08.04.2026 in connection with Akbarpur P.S. Case No. 47 of

                   2026, F.I.R. dated 08.04.2026 registered for the offence

                   punishable under Sections 274,275 of BNS, 2023 and Section

                   30(a) of Bihar Prohibition and Excise Act, 2022.

                                3. Recovery is of 205.710 liters of foreign liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. The allegation

                   as alleged in the FIR is false and fabricated and the petitioner

                   has not committed any offence as alleged in the FIR. Further

                   submits that it appears from the FIR itself that on the basis of
Patna High Court CR. MISC. No.34962 of 2026(2) dt.18-06-2026
                                            2/3




          the secret information, the police has proceeded and they have

          received total 120.960 liters of Officer Choice Whisky near the

          house of co-accused person, namely, Ramrup Mandal. Learned

          counsel for the petitioner submits that the petitioner has no role

          at all in the present occurrence and he has been made accused in

          the present case merely on the basis of suspicion and except the

          suspicion, nothing has come during investigation against the

          petitioner to suggest the involvement of the petitioner in the

          present occurrence and the petitioner is in custody since

          08.04.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact and petitioner has

          clean antecedent, let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned I/c Exclusive Special Judge, (Excise-02), Purnea in

          connection with Akbarpur P.S. Case No. 47 of 2026, with the

          following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and
               Patna High Court CR. MISC. No.34962 of 2026(2) dt.18-06-2026
                                                           3/3




                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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