Patna High Court
Chandan Mandal @ Chandan Kumar @ Nishikant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners, holding that the circumstances did not justify denial of bail.
Summary
The petitioners, Chandan Mandal and Pawan Mandal, sought anticipatory bail fearing arrest in a case where police, acting on secret information, seized 612 litres of illicit liquor from a tractor that did not belong to them. The prosecution alleged violation of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioners contended that the vehicle was not in their possession, the recovery was based solely on secret information, and they have a clean antecedent. The State opposed the bail. Considering the lack of constructive possession, the ownership of the tractor, and the petitioners' clean record, the Court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted when the seized illicit liquor is not in the accused's constructive possession.
- Whether the clean antecedent of the accused warrants bail despite the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- constructive possession
- clean antecedent
- Section 30
- Section 482
- Bihar Prohibition and Excise Amendment Act
- B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17709 of 2026
Arising Out of PS. Case No.-412 Year-2025 Thana- PIPRA District- Supaul
======================================================
1. Chandan Mandal @ Chandan Kumar @ Nishikant Kumar Son of Sri
Ramnarayan Mandal R/o Village - Thariya, P.S. - Kishunpur, District -
Supaul.
2. Pawan Mandal @ Pawan Kumar Mandal Son of Late Ramchandra Mandal
R/o Village - Thariya, P.S. - Kishunpur, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Pipra P.S. Case No.412 of 2025, F.I.R dated
15.12.2025 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Amendment Act,
2018.
3. As per the prosecution case, on 15.12.2025, the
informant Rajiv Kumar Singh, A.S.I., received secret
information that the petitioners were unloading a consignment
of liquor. Acting on the said information, the informant along
with the police force conducted a raid near the mango orchard
Patna High Court CR. MISC. No.17709 of 2026(2) dt.25-03-2026
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of Narayan Mandal, where a tractor loaded with white sacks
was found and two persons fled away on seeing the police.
Upon search of the tractor trailer, 612 litres of Nepali Dilwale
Sophie liquor was recovered. Thereafter, the tractor and the
recovered liquor were seized and a seizure list was prepared.
4. Learned counsel for the petitioners submits that
recovery is made from a tractor bearing Chassis No. T05-
3246422 and Engine No. E-3272798, which does not belong to
the petitioner and the name of the petitioners has transpired on
the basis of secret information. It has next been submitted that
the petitioners have clean antecedent.
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
recovery is made from a tractor, which does not belong to these
petitioners and the petitioners have clean antecedent,
accordingly, this Court is inclined to grant anticipatory bail to
the petitioners.
7. Let the petitioners, above named, be released on
anticipatory bail in the event of their arrest or surrender before
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the court below within a period of four weeks from today on
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-I, Supaul, in connection
with Pipra P.S. Case No.412 of 2025 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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