Patna High Court
Parmanand Mandal @ PrinceversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Parmanand Mandal, was arrested in connection with a case alleging possession of 378 litres of Nepali liquor, contravening Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution claimed the liquor was recovered from a jute sack in an open field, while the petitioner asserted innocence, stating no incriminating material was found in his possession and that the allegation stemmed from a local chowkidar's identification. The petitioner had been in custody since 31‑12‑2025 and possessed a prior criminal antecedent, and the State argued against bail. The court noted the lack of direct evidence, the open‑field recovery, and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and consequently decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Bihar
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3688 of 2026
Arising Out of PS. Case No.-436 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
======================================================
Parmanand Mandal @ Prince son of Kamlesh Mandal Resident of village-
Basauli, Ps- Ghanshyampur, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhumala Kumari, Advocate
For the Opposite Party/s : Mrs.Pronoti Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Ghanshyampur P.S. Case No. 436 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 378
liters of Nepali liquor was recovered from jute sack.
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. Learned counsel
for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.3688 of 2026(2) dt.27-01-2026
2/2
made from field, which is an open place and is accessible to
public at large. The name of the petitioner has been disclosed by
the local Chowkidar. The petitioner is in custody since
31.12.2025 and has got one criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
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. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ghanshyampur P.S.
Case No. 436 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.