Patna High Court
Mithilesh Mandal @ Mithilesh Kumar Mandal @ Mithlesh Mandal @ Mithlesh Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Mithilesh Mandal sought anticipatory bail fearing arrest in a case (Jokihat P.S. Case No. 399 of 2025) registered under Section 30(a) of the Bihar Prohibition and Excise Act after 80.910 litres of liquor were recovered from his auto. He contended that he was not present at the scene, had no knowledge of the liquor, and was merely the vehicle owner, asserting that no prima facie case existed against him despite a prior criminal antecedent. The State opposed the bail, while the petitioner highlighted that a co‑accused had already been granted regular bail and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The Court examined the material and, applying Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, ordered the release of the petitioner on anticipatory bail with a bond of Rs. 15,000 and two sureties of equal amount, subject to standard conditions. The order required the petitioner to surrender within six weeks if arrested.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 30(a)
- Section 103
- Section 482(2)
- liquor seizure
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15376 of 2026
Arising Out of PS. Case No.-399 Year-2025 Thana- JOKIHAT District- Araria
======================================================
Mithilesh Mandal @ Mithilesh Kumar Mandal @ Mithlesh Mandal @
Mithlesh Kumar Mandal Son of Fuleshwar Mandal R/o Villlage -
Priyankar(Prinkar) Sondip, P.S. - Dhamdaha, Dist. - Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends arrest in connection with
Jokihat P.S. Case No. 399 of 2025, registered under Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 80.910 liters
liquor was recovered from auto.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has got no concern with the alleged
recovery of liquor. Learned counsel for the petitioner also
submits that the petitioner was not present on the spot. Name of
the petitioner has transpired in this case as being owner of the
auto in question and he has got no knowledge with regard to the
nature of goods were kept in his vehicle. Learned counsel for
Patna High Court CR. MISC. No.15376 of 2026(2) dt.12-03-2026
2/2
the petitioner, therefore, contends that prima-facie, no case is
made out against the petitioner. The petitioner has got one
criminal antecedent. Learned counsel for the petitioner further
submits that other co-accused has been granted regular bail by
this Court vide order dated 29.01.2026 passed in Cr. Misc. No.
5183 of 2026. 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,
let the petitioner, above named in the event of arrest/surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory 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 Jokihat P.S. Case No.
399 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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