Patna High Court
Sunil Kumar Mandal @ Sunil MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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
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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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