Patna High Court

Pritam Kumar MandalversusThe State of Bihar

Decided: 3 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court held that, in the absence of any knowledge of the illegal activity and with no prior criminal record, the petitioner is entitled to anticipatory bail under Section 438(2) Cr.P.C. subject to conditions.

Summary

The petitioner, Pritam Kumar Mandal, is the owner of a pickup van from which 421.5 litres of illegal Indian Made Foreign Liquor (IMFL) was seized. The driver, Vijay Kumar Gupta, was arrested and identified two other persons, but the petitioner’s name was not initially recorded. The petitioner claims he had no knowledge of the illegal use of his vehicle and has no prior criminal record. The State opposed his anticipatory bail, relying on the FIR alleging offences under Section 414 IPC and several provisions of the Bihar Prohibition and Excise Amendment Act, 2022. After considering the facts, the court granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Cr.P.C. despite the allegations under Section 414 IPC and the Bihar Prohibition and Excise Amendment Act, 2022.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 414

Subjects

anticipatory bail
illegal liquor
Section 414 IPC
Bihar Prohibition Act
Criminal Procedure Code
BNSS 2023
bail conditions
owner liability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19515 of 2026
                   Arising Out of PS. Case No.-821 Year-2023 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Pritam Kumar Mandal S/o Narayan Mandal R/o Village - Sukanta Palli, P.S -
                 Andal, District - Bardhwan, State - West Bengal
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amaresh Kumar, Advocate
                                          :       Ms. Anamika Anshu, Advocate
                                          :       Ms. Shambhavi Mansi, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   03-04-2026                     Heard Ms. Shambhavi Mansi, learned counsel for

                   the petitioner and Mr. Arun Kumar, learned A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 414 of the

                   Indian Penal Code and Sections 30(a), 32(2), 36, 42(1) of Bihar

                   Prohibition and Excise Amendment Act, 2022.

                                 3. The allegation in the First Information Report is

                   that a total of 421.500 litres of illegal IMFL was recovered from

                   a Pickup van.

                                 4. Learned counsel for the petitioner submits that

                   421.500 litres of illegal IMFL was recovered from a Pickup van

                   and one Vijay Kumar Gupta was arrested by the police team,

                   who disclosed that he was the driver of the said vehicle. The

                   apprehended person also disclosed the names of two other
          Patna High Court CR. MISC. No.19515 of 2026(2) dt.03-04-2026
                                                      2/2




                    persons, however, the name of the petitioner was not taken.

                    Name of the petitioner surfaced on the ground that he was the

                    owner of the said Pickup van, however, the petitioner had no

                    knowledge whatsoever that the same was being used for illegal

                    purpose. The petitioner has no criminal antecedent.

                                 5. Learned APP for the State opposed the prayer for

                    anticipatory bail on the basis of allegations made in the First

                    Information Report.

                                 6.    Taking      into     consideration   the     facts   and

                    circumstances of the case, let the above named petitioner, be

                    released on bail, in the event of his arrest or surrender before the

                    learned 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

                    the learned Court below where the case is pending/successor

                    Court in connection with Hajipur Sadar P.S. Case No. 821 of

                    2023, subject to the condition as laid down under Section 438

                    (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik

                    Suraksha Sanhita (BNSS), 2023.


                                                            (Soni Shrivastava, J)
anand/-
U

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