Patna High Court
Lalit MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed.
Summary
The petitioner, Lalit Mandal, feared arrest in a case under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act after 40.635 litres of illicit liquor was recovered from an open place. The prosecution alleged his involvement, but no incriminating material was found in his possession and he claimed a clean antecedent. The petitioner’s counsel argued that the accusation was based solely on suspicion. The Patna High Court considered whether anticipatory bail was appropriate under these circumstances. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court granted anticipatory bail, directing the petitioner to surrender within eight weeks with a bail bond of Rs.10,000 and two sureties of equal amount.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence is based only on suspicion and recovery of contraband from a public place
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, authorises the grant of anticipatory bail in this case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19635 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- RS P.S. District- Madhubani
======================================================
Lalit Mandal S/O Bachchelal Mandal R/o - Raje, P.S - Manigachhi, District -
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 30(a), 41(i) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 40.635 litres illcit liquor
was recovered from an open place.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner and he has been made accused only
on suspicion. Recovery has been made from an open place,
accessible to one and all. Petitioner claims clean antecedent.
5. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
Patna High Court CR. MISC. No.19635 of 2026(2) dt.07-04-2026
2/2
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge, Excise
Act, Jhanjharpur, Madhubani in connection with Jhanjharpur
R.S. P. S. Case No. 10 of 2026, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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