Patna High Court
Ramrup MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
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
2/3
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
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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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