Patna High Court
Pintu MahaldarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to monetary and attendance conditions.
Summary
The petitioner, Pintu Mahaldar, applied for regular bail in an excise case (PS No.171 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 4195.8 litres of foreign liquor were seized from a truck. The petitioner claimed innocence, clean antecedents and that no liquor was found in his conscious possession, having been in custody since 14‑02‑2026. The State opposed the bail. The High Court, after considering the facts, the period of custody and the petitioner’s clean record, allowed the bail application subject to a cash bond of Rs 10,000 with two sureties and specific attendance conditions. The order also directed interim bail pending verification of antecedents and clarified that its observations were prima facie and not substantive on the merits. The bail was granted with conditions for regular police attendance and cooperation in trial.
Issues considered
- Whether regular bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, custody period and the petitioner’s antecedents.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40524 of 2026
Arising Out of PS. Case No.-171 Year-2026 Thana- EXCISE NAUGACHIA District-
Bhagalpur
======================================================
Pintu Mahaldar Son of Mukti Mahaldar Resident of Village/ Mohala-
Kushida, P.S.- Harishchandrapur @ Harischandrapur, District- Malda (W.B.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baijnath Sah, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 08-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Excise (Naugachia) P.S. Case No. 171 of 2026 registered for the
offence under Section(s) 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, 4195.800 liters of
foreign liquor was recovered from the truck in question.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 14.02.2026 and claims clean
antecedent. It is further submitted that nothing has been
recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.40524 of 2026(4) dt.08-07-2026
2/3
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the period of custody, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Excise (Naugachia)
P.S. Case No. 171 of 2026 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Harishchandrapur @
Harischandrapur Police Station, Malda,
West Bengal on the first and third Sunday of
each month. Any default in appearance at
the Police Station would result in
cancellation of bail bond of the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii) At the time of accepting the
bail bonds of the petitioner, the court below
shall verify whether the petitioner has a
clean antecedent or not. The bail bonds shall
be accepted only if it is found that the
petitioner has a clean antecedent. However,
Patna High Court CR. MISC. No.40524 of 2026(4) dt.08-07-2026
3/3
it is made clear that the acceptance of the
bail bonds shall not be delayed on the
ground of or in the name of such
verification. During the process of
verification, the petitioner shall be released
on interim bail and upon completion of the
verification, the court below shall pass an
appropriate order in accordance with law.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Malda, West Bengal through FAX or
e-mail for immediate compliance.
(Sandeep Kumar, J)
Shishir/-
U T
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