Created by Fuzzy Cloud

Patna High Court

Ashok MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner as he has a clean antecedent and a similarly situated co‑accused was previously released on bail.

Summary

The petitioner, Ashok Mandal, sought anticipatory bail fearing arrest in a case (Tetrah​at P.S. Case No. 149 of 2025) involving alleged offences under Sections 30(a) and 34 of the Bihar Prohibition and Excise Act, where 40 litres of illicit liquor were recovered from a Toto vehicle. The petitioner claimed innocence, a clean antecedent, and highlighted that his son, a co‑accused, had already been granted regular bail in a related proceeding. The State opposed the bail application. The Court, noting the petitioner’s clean record and the precedent of bail granted to a similarly situated co‑accused, allowed the anticipatory bail with conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bihar Narcotic and Substance Act. The order directed the petitioner to furnish bail bonds and sureties if arrested within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • clean antecedent
  • bail conditions
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11995 of 2026
                    Arising Out of PS. Case No.-149 Year-2025 Thana- TETERHAT District- Lakhisarai
                 ======================================================
                 Ashok Mandal S/o Kapildeo Mandal Resident of Village- Mahisona, P.S.-
                 Tetarhat, District- Lakhisarai

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   23-02-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner apprehend his arrest in connection

                   with Tetarhat P.S. Case No. 149 of 2025, for offences under

                   Sections 30(a), 34 of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, 40 litres of illicit country

                   made liquor have been recovered from a Toto vehicle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The son of the petitioner was arrested on the spot

                   and he has been granted regular bail by this Court vide order

                   dated 23.09.2025 passed in Cr. Misc. No. 63615 of 2025.

                   Petitioner claims clean antecedent. Petitioner has no concern
            Patna High Court CR. MISC. No.11995 of 2026(2) dt.23-02-2026
                                                        2/2




                      with the alleged recovery.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the above facts and circumstances of

                      the case and the fact that similarly situated co-accused person

                      has been granted regular bail by this Court and petitioner claims

                      clean antecedent, the application for anticipatory bail stands

                      allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned District &

                      Additional Sessions Judge-VII-cum-Exclusive Special Excise

                      Court II, Lakhisarai/concerned Court below, in connection with

                      Tetarhat P.S. Case No. 149 of 2025, subject to the conditions as

                      laid down under Section 438(2) of the Code of Criminal

                      Procedure/ Section 482(2) of the BNSS.


                                                         (Sandeep Kumar, J)

Ranjeet/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.