Patna High Court
Mahendra Rajbanshi @ Bhondu RajbansiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Mahendra Rajbanshi was arrested on 23 April 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022, after 210 litres of country‑made Mahua liquor were seized from his jointly‑owned house. The petitioner claimed he had no conscious possession of the liquor, that the house was a joint property, and that he had a clean criminal record, asserting that he was falsely implicated. The State opposed his bail application. The Court, noting the absence of the liquor from the petitioner's personal possession and his clean antecedents, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation with the trial, appearance in court, and non‑tampering with evidence or witnesses. The bail order also directed verification of the petitioner's criminal antecedents and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022 given the facts of seizure from a jointly owned house.
- Whether the absence of conscious possession and a clean antecedent justify bail despite the seriousness of the offence.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Mahua liquor
- false implication
- joint property
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39419 of 2026
Arising Out of PS. Case No.-62 Year-2026 Thana- PARANDABAR District- Nawada
======================================================
Mahendra Rajbanshi @ Bhondu Rajbansi Son of Ghursay Rajbanshi @
Ghursahay Rajbanshi Resident of Vilalge- Mohgay, P.S-Parnadawar, District-
Nawada
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Ranjan Kumar, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr. Prem Ranjan Kumar, learned counsel for
the petitioner and Mr. Awadhesh Kumar Singh, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
23.04.2026, in connection with Parmadawar P.S. Case No. 62 of
2026, F.I.R. dated 22.04.2026 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition &
Excise (Amendment) Act, 2022.
3. Recovery is of 210.00 litres of country made
Mahua liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
Patna High Court CR. MISC. No.39419 of 2026(2) dt.23-06-2026
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appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioner
rather recovery has been made from the house of the petitioner.
and altogether 210.00 litres of country made mahua liquor was
recovered. Learned counsel for the petitioner further submits
that dthe petitioner is not the absolute owner of the house rather
the house in question is the joint house property of the petitioner
and the petitioner has no knowledge about the liquor and he has
been falsely implicated in the present case. The petitioner is in
custody since 23.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
nothing has been recovered from the conscious possession of
the petitioner, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge Excise-01,
Nawada in connection with Parmadawar P.S. Case No. 62 of
2026, subject to the following conditions :-
Patna High Court CR. MISC. No.39419 of 2026(2) dt.23-06-2026
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(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
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