Patna High Court
Shiv Mandal @ Shiv Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
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
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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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