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Patna High Court

Umakant Mandal @ BangaliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to specified monetary and procedural conditions.

Summary

The petitioner, Umakant Mandal, was arrested in connection with the seizure of 58.8 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He filed an application for regular bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail, noting a prior criminal antecedent. The court, after considering the facts, the period of custody, and the submissions, allowed the bail application subject to a cash bond of Rs. 10,000 with two sureties, a donation of Rs. 25,000 to Ramakrishna Math, monthly attendance at the police station, and verification of his criminal record. The court emphasized that its observations were prima facie and would not affect the trial's merits. The petitioner was ordered to be released on bail pending further verification.

Issues considered

  • Whether regular bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s offer to donate Rs. 25,000 and other conditions are sufficient for bail.
  • Whether the petitioner’s prior criminal antecedent affects the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • criminal antecedent
  • regular bail
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43871 of 2026
                     Arising Out of PS. Case No.-79 Year-2026 Thana- KURSAKANTA District- Araria
                 ======================================================
                 Umakant Mandal @ Bangali S/o Chanan Das R/o Vill- Harira Tharu Tola,
                 Ward No. 01, P.S.- Kursakanta, Distt- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kundan Kumar Singh
                 For the Opposite Party/s :      Mr.Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed seeking

                   regular bail in connection with Kursakanta P.S. Case No. 79 of

                   2026, registered for offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 58.800 litres of illicit

                   liquor were recovered from the house of the petitioner. The

                   petitioner is in custody since 19.05.2026.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence; rather,

                   he has been falsely implicated in the present case. It is further

                   submitted that the petitioner undertakes to donate a sum of Rs.

                   25,000/- (Rupees Twenty-Five Thousand only) to a charitable
Patna High Court CR. MISC. No.43871 of 2026(2) dt.08-07-2026
                                               2/3




          organization, without prejudice to his defence and without

          admitting guilt.

                       5. Learned APP for the State has opposed the prayer

          for bail and has one criminal antecedent.

                       6. Having considered the facts and circumstances of

          the case, the period of custody and the submissions advanced on

          behalf of the parties, the application for bail is allowed.

                       7. Accordingly, the petitioner 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 the learned Court concerned where the case is

          pending/successor court in connection with Kursakanta P.S.

          Case No. 79 of 2026, subject to the following conditions:

                                       (I). The petitioner shall deposit a sum of Rs.
                          25,000/- (Rupees Twenty-Five Thousand only) with
                          Ramakrishna Math, Bhatta Bazar, Purnea, Bihar and
                          shall produce a valid receipt thereof before the court
                          below. The bail bonds shall be accepted only after
                          verification of the genuineness of the said receipt.

                                       (ii).     The   petitioner   shall   mark   his
                          attendance at Kursakanta Police Station on every 1st
                          Sunday of each month. In the event of default, the bail
                          bonds shall be liable to be cancelled.

                                       (iii). Before accepting the bail bonds of the
                          petitioner, the court below shall verify the petitioner’s
                          criminal antecedents. If it is found that the petitioner
            Patna High Court CR. MISC. No.43871 of 2026(2) dt.08-07-2026
                                                        3/3




                                      has any criminal antecedents other than Kursakanta
                                      P.S. Case No. 247 of 2018, the bail bonds shall not be
                                      accepted. However, if the petitioner is found to have
                                      only one criminal antecedent, namely Kursakanta P.S.
                                      Case No. 247 of 2018, the bail bonds shall be accepted
                                      by the court below. However, 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.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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