Patna High Court
Mohan Mandal @ Mohan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that bail should be granted to the petitioner, subject to a monetary bond and statutory conditions.
Summary
The petitioner, Mohan Mandal, was arrested in Katihar on May 7, 2026 for allegedly possessing 60 litres of illicit country-made liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming he was falsely implicated, that no incriminating items were found in his conscious possession, and that his arrest violated Section 103 of the Bihar Negotiable Securities Act, 2023. The State opposed the bail, arguing the seriousness of the offence and the petitioner’s prior involvement in two other cases where he was already on bail. The Court examined the facts, the length of the petitioner’s custody, and the nature of the recovery, and concluded that bail could be granted. Accordingly, the Court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the Bihar Negotiable Securities Act. The bail is conditioned on the presence of a close relative as a bailor and the petitioner’s attendance at all court dates, with cancellation possible for non‑compliance.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor.
- Whether the alleged violation of Section 103 of the Bihar Negotiable Securities Act, 2023, affects the grant of bail.
- Whether the petitioner’s prior involvement in two other cases on bail influences the bail decision.
Legislation cited
- Bihar Negotiable Securities Act — s. 480(3)
- Bihar Negotiable Securities Act, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- Section 103
- Section 480(3)
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42974 of 2026
Arising Out of PS. Case No.-518 Year-2026 Thana- KATIHAR NAGAR District- Katihar
======================================================
Mohan Mandal @ Mohan Kumar S/o Suraj Mandal, Resident of Village-
Larkaniya Tola, Police Station- Town Katihar, District- Katihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Katihar Town P.S. Case No. 518 of 2026
dated 07.05.2026, registered for the offence punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, petitioner was
apprehended with 60 litres of country made chulai liquor.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has
falsely been implicated in the present case. Nothing
incriminating has been recovered from his conscious
possession. There is complete violation of Section 103 of the
B.N.S., 2023. Learned counsel next submits that petitioner is
Patna High Court CR. MISC. No.42974 of 2026(2) dt.01-07-2026
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having antecedent of two cases in which he is on bail.
Learned counsel lastly submits that petitioner is in custody
since 07.05.2026.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances
and submissions made on behalf of the parties and
considering the nature of recovery and period of custody of
the petitioner, the petitioner, above-named, is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned District and
Additional Sessions Judge, Exclusive Special Excise Court-II,
Katihar / concerned Court, in connection with Katihar Town
P.S. Case No. 518 of 2026, subject to the condition laid down
under Section 480(3) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below, if so required by the
learned trial Court.
Patna High Court CR. MISC. No.42974 of 2026(2) dt.01-07-2026
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(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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