Patna High Court
Subrato MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Subrato Mandal, a driver, was arrested on 3 April 2026 in connection with the seizure of 1,350 litres of illicit foreign liquor from a vehicle, alleged to be in violation of Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner claimed he had no ownership of the vehicle, was not in conscious possession of the liquor, and that he was falsely implicated. He sought bail, arguing a clean antecedent and lack of direct involvement. The Additional Public Prosecutor opposed the bail. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether the petitioner, a driver, is entitled to bail for alleged offences under the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the seizure of liquor from the vehicle, without proof of the petitioner's conscious possession, justifies continued detention.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 41, 47
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition
- excise
- illicit liquor
- driver
- seizure
- false implication
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36910 of 2026
Arising Out of PS. Case No.-128 Year-2026 Thana- BAISI District- Purnia
======================================================
Subrato Mandal son of Lalit Mandal Resident of Village- Kanki Doogaon Bil
Para, Ps- Chakulia, Dist- Utter Dinjapur (West Bengal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jaishankar Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Jaishankar Kumar Yadav, learned counsel
for the petitioner and Mr. Madhura Nand Jha, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.04.2026 in connection with Baisi P.S. Case No. 128 of 2026,
F.I.R. dated 03.04.2026 for the offences punishable under
Sections 30(a), 41, and 47 of the Bihar Prohibition and Excise
Amendment Act, 2022.
3. Recovery is of 1350 liters of illicit foreign liquor
from a vehicle.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.36910 of 2026(2) dt.16-06-2026
2/3
recovered from the conscious possession of the petitioner rather
the recovery has been made from the vehicle in question and
petitioner is not the owner of vehicle in question. He further
submits that the petitioner has been made accused merely on the
ground that he is driver of the said vehicle. It appears from the
seizure list that there is non-compliance of Section 103/105 of
the BNSS, 2023. The petitioner is in custody since 03.04.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 the learned Special
Judge Excise Act I, Purnia, in connection with Baisi P.S. Case
No. 128 of 2026 subject to 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
on his absence on two consecutive dates without sufficient
reason, his 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
Patna High Court CR. MISC. No.36910 of 2026(2) dt.16-06-2026
3/3
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)
Vanisha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.