Patna High Court
Mahant MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner on a Rs 10,000 bond with two sureties, subject to conditions of trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Summary
Mahant Mandal was arrested on 8 April 2026 after 205.710 litres of foreign liquor were seized from the house of a co‑accused. He was charged under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that his involvement was only by presence at the co‑accused’s house and that the accusation was based merely on suspicion, seeking bail after being in custody for two months. The State opposed bail, noting that the petitioner was arrested at the scene and that he had another similar case pending, although he was already on bail in that matter. The Court considered the facts, the nature of the offence, and the petitioner’s claim of innocence, and ordered his release on bail with a Rs 10,000 bond, two sureties of equal amount, and specific conditions regarding trial attendance, non‑tampering with evidence, and disclosure of criminal antecedents.
Issues considered
- What is the appropriate bail disposition for a person arrested for possession of a large quantity of foreign liquor under Sections 274, 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act?
- Does mere presence at the co‑accused’s premises constitute sufficient ground for denial of bail?
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- foreign liquor
- sections 274
- section 275
- section 30(a)
- criminal procedure
- suspicion
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37471 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- Akbarpur District- Purnia
======================================================
Mahant Mandal Son of Baleshwar 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.Anil 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.Anil 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 that the recovery has been
made from the house of the co-accused person and petitioner
has been made accused in the present case merely on the ground
that the petitioner was present in the house of co-accused
person, namely, Ramrup Mandal and the petitioner has been
Patna High Court CR. MISC. No.37471 of 2026(2) dt.18-06-2026
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made accused in the present case merely on the basis of
suspicion 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 was
arrested at the place of occurrence, apart from that, the
petitioner carries one more case other than the present one of
similar nature but he fairly submits that the petitioner is on bail
in the said case, 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
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
Patna High Court CR. MISC. No.37471 of 2026(2) dt.18-06-2026
3/3
(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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