Patna High Court

Mantu Agrawal @ SahilversusThe State of Bihar

Decided: 17 February 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Mantu Agrawal @ Sahil, was arrested in connection with the seizure of 3,948.48 litres of illicit foreign liquor from a godown in Patna, under Sections 30(a), 32(3) and 41 of the Bihar Prohibition and Excise Act. He contended that he was merely a passerby, not the owner or driver of the truck involved, and that no incriminating article was found in his possession, alleging violations of search and seizure procedures. The State opposed his regular bail, arguing the seriousness of the offence. The Court considered the petitioner’s clean antecedent, lack of direct evidence linking him to the contraband, and the short period of custody. Consequently, the Court ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the allegations under the Bihar Prohibition and Excise Act.
Whether the absence of direct possession and alleged procedural lapses in search and seizure justify granting bail.
Whether the petitioner poses a risk of absconding or tampering with evidence.

Subjects

bail
prohibition
excise
illicit liquor
search and seizure
criminal procedure
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11097 of 2026
                       Arising Out of PS. Case No.-23 Year-2026 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Mantu Agrawal @ Sahil Son of Rajendra Prasad R/o- Pasnaur, P.S.- Gawan,
                 Dist.- Giridih (Jharkhand).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Jiban Pd Singh, Advocate.
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in a case registered

                   under Sections 30(a), 32(3), 41 of Bihar Prohibition and Excise

                   Act.

                                3. As per the prosecution case, on getting secret

                   information regarding illegal trade and business of illicit liquor,

                   the police party reached at the house of Suresh Yadav situated at

                   Brindavan Colony Jakariyapur Chhoti Pahari and saw that a

                   truck bearing Registration No. HP20-E-7115 was standing and

                   some cartoons were unloading from the truck. On search total

                   3948.480 litre illicit foreign liquor was recovered from the

                   godown. It is alleged that petitioner alongwith other co-accused

                   persons were apprehended on the spot.
Patna High Court CR. MISC. No.11097 of 2026(2) dt.17-02-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. He further submits that petitioner is neither the owner nor

          driver of the truck in question and he has no concern with the

          said godown from where the alleged recovery has been made.

          Learned counsel submits that petitioner was simply a passerby

          and only on the basis of suspicion he was arrested in the present

          case. He further submits that no incriminating article has been

          recovered from conscious possession of the petitioner. Learned

          counsel submits that there is violation of provisions of search

          and seizure and there is no independent witness to the seizure

          list. Petitioner has got clean antecedent and there is no chance of

          his absconding or tampering with the evidence. Petitioner is in

          custody since 09.01.2026 and he undertakes to cooperate in the

          investigation and trial.

                       5. Learned A.P.P. for the State has opposed the prayer

          for regular bail of the petitioner.

                       6. Considering the facts and circumstances of the

          case, the submissions of learned counsel for the parties, the

          nature of allegation against the petitioner and the fact that he has

          got clean antecedent and the period of custody, let the petitioner,

          above named, be released on bail on furnishing bail bond of
              Patna High Court CR. MISC. No.11097 of 2026(2) dt.17-02-2026
                                                          3/3




                        Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                        amount each to the satisfaction of learned Court concerned in

                        connection with Agamkuan P.S. Case No.23 of 2026.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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