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Patna High Court

Taranand MandalversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Taranand Mandal, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly recovering 54.56 litres of liquor from two motorcycles. He contended that he had sold the motorcycles to another party by agreement, and the chowkidar’s ignorance of this sale led to his implication. The State opposed the bail, arguing that the Transfer of Property Act and the Motor Vehicles Act do not permit the sale of a motorcycle merely by agreement, characterising the claim as a ploy to mislead the Court. The Court examined the submissions and found no merit in granting anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016
  • Whether a motorcycle can be validly transferred by agreement under the Transfer of Property Act and the Motor Vehicles Act

Legislation cited

Subjects

  • anticipatory bail
  • prohibition and excise
  • motor vehicle sale
  • transfer of property act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27914 of 2026
                        Arising Out of PS. Case No.-89 Year-2025 Thana- GHURNA District- Araria
                 ======================================================
                 Taranand Mandal S/o Late Suryanarayan Mandal R/o Village - Pathraha,
                 Ward No. 18, P.S - Fulkaha, District - Araria
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mrigendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 54.56 litres of liquor from two motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner initially was the owner of the vehicle but

                   subsequently he sold the same by way of an agreement but since

                   the Chawkidar was not aware of the said fact, hence, he

                   implicated him.

                                5. Mr. Chandra Bhushan Prasad, learned A.P.P. for the

                   State vehemently opposes the prayer for anticipatory bail of the
           Patna High Court CR. MISC. No.27914 of 2026(2) dt.28-04-2026
                                                       2/2




                     petitioner and submits that Transfer of Property Act including

                     the Motor Vehicles Act does not permit sale of a motorcycle

                     through agreement. It is, thus, submitted that it is a ploy of the

                     petitioner to mislead the Court.

                                  6. Considering the submissions made by the learned

                     A.P.P. for the State, the Court is not inclined to extend the

                     privilege of anticipatory bail to the petitioner in connection with

                     Ghurna P.S. Case No. 89 of 2025 pending in the Court of

                     learned Exclusive Special Judge, Excise-I, Araria/Successor

                     Court.

                                  7. Hence, the prayer for anticipatory bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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