Patna High Court
Sintu Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Sintu Kumar Mandal and Shubham Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 92.79 litres of liquor were recovered from a vehicle. They contended that they were falsely implicated, had no ownership of the vehicle, and no liquor was found in their personal possession; one was merely the driver and the other an associate. The State opposed bail, but the court noted the absence of incriminating material on the petitioners, their clean record, and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering these factors and the period of custody already served, the court granted bail subject to monetary and procedural conditions. The bail order required a bond of Rs.15,000 with two sureties, family surety, regular court appearances, and provisions for cancellation if evidence tampering or repeat offences occurred.
Issues considered
- Whether the petitioners are entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the lack of possession of the seized liquor and non‑ownership of the vehicle justify granting bail.
- Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affecting the bail decision.
Legislation cited
Subjects
- bail
- excise
- prohibition act
- Section 30(a)
- Section 103
- criminal procedure
- vehicle driver
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91554 of 2025
Arising Out of PS. Case No.-205 Year-2025 Thana- Excise Dhamdaha District- Purnia
======================================================
1. Sintu Kumar Mandal S/O Subhash Mandal R/O Vill.- Mogaliya Purandaha,
ward no.- 11, P.S.- Dhamdaha, District- Purnea
2. Shubham Kumar S/O Shankar Sahni R/O Vill.- Dhamdaha Uttar, ward no.-
08, P.S.- Dhamdaha, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Dhamdaha Excise P.S. Case No. 205 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 total 92.790
litres of liquor was recovered from car.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
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that petitioners are not the owner of the vehicle. It is further
submitted that petitioner no.1 is the driver of the vehicle in
question whereas petitioner no.2 is the associate of driver and
both the petitioners have got no concern with the loaded
articles/liquor. The petitioners are in custody since 12.12.2025
and have no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dhamdaha Excise
P.S. Case No. 205 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
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(III) 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.
(IV) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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