Patna High Court
Taranand MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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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