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Patna High Court

Birbal Mandal @ Birbal Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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