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Patna High Court

Sunil Kumar Mandal @ Sunil MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to specified conditions.

Summary

Sunil Kumar Mandal was arrested on 5 May 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of foreign and country-made liquor seized from a house that is a joint family property. The petitioner argued that he has a clean antecedent, was not the owner of the house, and that the liquor was not found in his conscious possession. The prosecution opposed bail, emphasizing that the seizure was made from the petitioner’s house. The High Court considered the facts, the petitioner’s clean record, and the nature of the property, and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed that verification of antecedent should not delay the acceptance of the bond.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the seizure.
  • Whether the fact that the liquor was recovered from a joint family house, not owned solely by the accused, affects the bail decision.
  • Whether the accused’s clean criminal antecedent warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • liquor seizure
  • joint family property
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40136 of 2026
                  Arising Out of PS. Case No.-502 Year-2026 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Sunil Kumar Mandal @ Sunil Mandal S/o Gulab Mandal R/o Vill- Koriya
                 Tola, P.S- Katihar, Dist- Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajendra Prasad Sah
                 For the Opposite Party/s :      Mr. Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-06-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since 05-05-

                   2026 in connection with Katihar Nagar P.S. Case No. 502 of

                   2026 for the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. That the prosecution case, as per written report of

                   Hareram Kumar Sahu, SI of Police, Town Police Station.

                   Katihar in short is that, on 03-05-2026 while of patrolling duty

                   near D.S. College at about 13:30 hours he was informed to

                   move Koriya Patti for special raid. Thereafter they reached

                   Hariganj Chowk and there from to Koriya Patti at about

                   14:05 hours and surrounded the house of Sunil Kumar Mandal.

                   It is alleged that one person attempted to fleeing away but was
Patna High Court CR. MISC. No.40136 of 2026(2) dt.29-06-2026
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          apprehended by the police. The person disclosed his name as

          Sunil Kumar Mandal and in presence of raiding party member

          themselves the house of the petitioner was searched and

          allegedly from the Aangan from the plastic bags total 21.165

          Liters of foreign liquor as well as 50 liters of country made

          liquor contained in a Jarkin recovered witnessed thereof by the

          raiding party member themselves. It is further stated that the

          videography could not be made on account of videography set

          not in order.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. Learned counsel for the petitioner

          submits that it appears from the FIR and seizure list that nothing

          has been recovered from the conscious possession of the

          petitioner rather the recovery has been made from the house of

          the petitioner but the petitioner is not the owner of the house in

          question and the house in question is a joint family property.

          Learned counsel for the petitioner next submits that petitioner is

          in custody since 05-05-2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that recovery has been made from the house of the
Patna High Court CR. MISC. No.40136 of 2026(2) dt.29-06-2026
                                            3/4




          petitioner.

                        6. Considering the aforesaid facts and circumstances

          and the fact that petitioner has clean antecedent and the house

          from where the recovery has been made is a joint house

          property, 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

          District and Additional Sessions Judge, Exclusive Spl. Excise

          Court-II, Katihar in connection with Katihar Nagar P.S. Case

          No. 502 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

          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
           Patna High Court CR. MISC. No.40136 of 2026(2) dt.29-06-2026
                                                       4/4




                     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)
Gaurav Sinha/-

U      T


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