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Patna High Court

Ramrup MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.

Summary

Ramrup Mandal was arrested on 8 April 2026 after police recovered 205.710 litres of foreign liquor, including 120.960 litres from his residence, in violation of Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner filed a bail application, contending that the house is a joint family property and he is not the exclusive owner. The State opposed bail, noting four other similar cases against the petitioner, though he is already on bail in those matters. The court considered the nature of the offence, the joint ownership claim, and the petitioner’s prior bail history. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused in offences under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the joint family ownership of the premises from which liquor was seized negates the petitioner’s liability for bail denial.
  • Whether the petitioner’s pending cases of similar nature affect the grant of bail.

Legislation cited

Subjects

  • bail
  • foreign liquor seizure
  • joint family property
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37165 of 2026
                         Arising Out of PS. Case No.-47 Year-2026 Thana- Akbarpur District- Purnia
                 ======================================================
                 Ramrup Mandal Son of Late Adhiklal Mandal Resident of Village - Jhauwari,
                 Ward No. 3, P.S.- Akbarpur, District - Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Md Fazle Karim, Advocate
                 For the Opposite Party/s :         Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   18-06-2026                     Heard Mr.Md Fazle Karim, learned counsel for the

                   petitioner and Mr.Abhay Kumar, 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 and 275 of BNS,2023 and

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                3. Recovery is of 205.710 liters of foreign liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that it appears from the FIR as well as the seizure list

                   that altogether 205.710 liters of foreign liquor has been

                   recovered from the house of the petitioner and other co-accused

                   persons and from the house of the petitioner, 120.960 liters of

                   foreign liquor was recovered. Learned counsel for the petitioner
Patna High Court CR. MISC. No.37165 of 2026(2) dt.18-06-2026
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          submits that although the recovery has been made from the

          house of the petitioner but the petitioner is not the exclusive

          owner of the house in question rather the house is joint family

          property of the petitioner and seizure list witnesses are police

          personnel 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 and submits that the petitioner carries

          four more cases other than the present one of similar nature but

          he fairly submits that the petitioner is on bail in all the cases, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact,      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 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

          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
               Patna High Court CR. MISC. No.37165 of 2026(2) dt.18-06-2026
                                                           3/3




                         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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