Patna High Court
Birbal Mandal @ Birbal Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner.
Summary
Birbal Mandal applied for anticipatory bail after police seized 13.5 litres of foreign liquor from his residence in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioner argued that the liquor was recovered from an open area, that he had no constructive possession, and that the search did not follow the procedures of the B.N.S.S. Act, emphasizing his clean antecedent. The State opposed the bail, contending the alleged offence warranted detention. The court observed that the liquor was not found in the petitioner’s constructive possession, noted the procedural irregularities, and considered the petitioner’s clean record. Consequently, the court granted anticipatory bail, directing a bond of Rs.10,000 with two sureties and imposing conditions under Section 482(2) of the B.N.S.S. Act, valid for four weeks.
Issues considered
- Whether anticipatory bail should be granted when the seized liquor is not in the petitioner’s constructive possession and procedural lapses in search are alleged
- Whether the nature of the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, precludes anticipatory bail
Legislation cited
- B.N.S.S. Act, 2023 — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- search and seizure
- constructive possession
- clean antecedent
- Section 30(a)
- Section 482(2)
- Bihar Prohibition and Excise Amendment Act
- B.N.S.S. Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17631 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- PRANPUR District- Katihar
======================================================
Birbal Mandal @ Birbal Kumar Mandal S/O Hira Mandal @ Hiralal Mandal
Resident of Village- Suryana Sabaldar, P.O- Baina, P.S- Pranpur, Distt.-
Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Rahmatullah, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Pranpur P.S. Case No.01 of 2026, F.I.R dated
01.01.2026 registered for the offences punishable under
Sectiond 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2018.
3. As per the prosecution case, based on the written
report of A.S.I. Naval Kishor Yadav, on the basis of which
Paranpur P.S. Case No. 01 of 2026 was instituted against the
petitioner. It is alleged that during patrolling on 01.01.2026, the
police received information that the petitioner was selling
foreign liquor. On reaching his house, one person allegedly fled
Patna High Court CR. MISC. No.17631 of 2026(2) dt.25-03-2026
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away on seeing the police, leaving behind two cartons. Upon
search, the police allegedly recovered 13.5 litres of foreign
liquor from the petitioner’s residence.It is further alleged that
the seizure list was prepared in presence of police personnel
Sujeet Kumar and Deepak Kumar, who signed as witnesses.
4. Learned counsel for the petitioner submits that the
place of recovery is from an open space, which is accessible to
all. It has next been submitted that the petitioner has clean
antecedent and the search and seizure is said to have been made
without adhering to the procedures / provisions prescribed under
the B.N.S.S. Act.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
premises belonging to the petitioner and the petitioner has clean
antecedent, accordingly, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
Patna High Court CR. MISC. No.17631 of 2026(2) dt.25-03-2026
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furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Court-II, Katihar, in
connection with Pranpur P.S. Case No.01 of 2026 subject to the
condition as laid down under Section 482(2) of the B.N.S.S.,
2023.
(Ajit Kumar, J)
sharun/-
U T
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