Patna High Court

Uday Kumar Mandal @Uday KumarversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

Uday Kumar Mandal, a driver, was arrested on 27‑12‑2025 after 100.200 litres of liquor were recovered from a vehicle and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not the owner of the vehicle, had no knowledge of the contraband, and that no incriminating material was found in his possession; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the petitioner’s lack of criminal antecedent, his role as a driver, the absence of direct evidence, and the procedural lapse, the Court inclined to grant bail. The Court ordered his release on bail of Rs.15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default. The order reflects the Court’s application of bail principles in a non‑violent, possession‑type offence.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Whether the accused’s status as a driver without knowledge of the contraband negates the necessity of continued custody.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
liquor seizure
driver
possession offence
Section 30(a)
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5956 of 2026
                      Arising Out of PS. Case No.-152 Year-2025 Thana- PANJWARA District- Banka
                 ======================================================
                 Uday Kumar Mandal @Uday Kumar son of Late Mangaan Mandal Resident
                 Of Village- Sawaayjora Ps- Godda Muffasil Dist- Godda, Jharkhand

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :       Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Panjwara P.S. Case No. 152 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 100.200 liters

                   liquor was recovered from toto and the petitioner was arrested

                   on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.5956 of 2026(2) dt.31-01-2026
                                            2/3




          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the petitioner is not the

          owner of the vehicle in question rather he is driver of that

          vehicle and has got no knowledge with regard to the nature of

          goods loaded in the vehicle. The petitioner is in custody since

          27.12.2025 and has got no criminal antecedent. There is no

          compliance of Section 103 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Panjwara P.S. Case

          No. 152 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.5956 of 2026(2) dt.31-01-2026
                                                         3/3




                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…