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Patna High Court

Shiv Mandal @ Shiv Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

Shiv Mandal applied for anticipatory bail after being implicated in an excise case (PS No. 1266 of 2023) for alleged possession of 9 litres of illicit liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. The police recovered the liquor from a plastic bag thrown by two persons on a motorcycle; one was arrested and identified the petitioner as the other. The petitioner argued he was not the motorcycle owner, had no involvement with the liquor, and had no criminal antecedent, contending that his name was disclosed only through the co‑accused’s confession. The court considered the lack of prior record, the petitioner’s non‑ownership of the vehicle, and the reliance on a co‑accused’s statement, and found no sufficient ground to deny bail. Accordingly, the court granted anticipatory bail, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the allegations under the Bihar Prohibition and Excise Act, 2016.
  • Whether the confession of a co‑accused is sufficient to justify denial of bail.
  • Whether the petitioner’s lack of prior criminal record and non‑ownership of the motorcycle warrant bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • co‑accused confession
  • no prior criminal record
  • motorcycle ownership
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24200 of 2026
                    Arising Out of PS. Case No.-1266 Year-2023 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Shiv Mandal @ Shiv Kumar Mandal S/o Ganaur Mandal R/o Mastan Chowk,
                 Gothra, P.S- Thakurganj, Dist- Kishanganj.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mritunjay Kumar
                 For the Opposite Party/s :        Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   22-04-2026         1.   Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Excise Police Station Case No. 1266 of 2023, dated

                            11.09.2023, disclosing offence under Sections 30

                            (a)/32(3) of the Bihar Prohibition and Excise Act, 2016.

                       3.   The prosecution case, as per the First Information Report,

                            is that the police, during vehicle check, saw two persons

                            coming on a motorcycle, having a plastic bag kept on the

                            seat between them. On seeing, the two persons, after

                            throwing the plastic bag, tried to flee away, however, the

                            police arrested one person, who disclosed his name as

                            Rahul Paswan and the name of the person who fled away

                            as the petitioner. Upon search of the plastic bag, the
Patna High Court CR. MISC. No.24200 of 2026(2) dt.22-04-2026
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                   police recovered 9 litres of illicit country-made liquor.

              4.   Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   this case on the basis of disclosure of his name by the

                   arrested co-accused person. He further submits that the

                   petitioner is not the owner of the motorcycle in question

                   and he has no concern with the alleged recovered liquor.

                   The petitioner has got no criminal antecedent.

              5.   Regards being had to the submission advanced on behalf

                   of the parties concerned and taking into consideration the

                   fact that the petitioner has got no criminal antecedent, he

                   is not the owner of the motorcycle in question and his

                   name transpired in this case on the basis of confessional

                   statement of arrested co-accused person, I am inclined to

                   grant the petitioner privilege of anticipatory bail.

              6.   This application is, accordingly, allowed.

              7.   Let the petitioner, above named, in the event of his arrest

                   or surrender before the Court below within four weeks, be

                   released 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 Exclusive Special Excise

                   Court No. II, Kishanganj, in connection with Excise
            Patna High Court CR. MISC. No.24200 of 2026(2) dt.22-04-2026
                                                        3/3




                              Police Station Case No. 1266 of 2023, subject to the

                              condition laid down under Section 482 (2) of the

                              Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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