Patna High Court
Raushan Kumar Mandal @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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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