Patna High Court
Ashok MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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 (Tetrahat 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
- Code of Criminal Procedure — s. 438(2)
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
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