Patna High Court
Jawahar Mandal @ Jawahar Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted as no offence under Section 30(a) is established and the bar in Section 76(2) does not apply where the FIR does not disclose a cognizable offence.
Summary
The Patna High Court considered an anticipatory bail application filed by Jawahar Mandal, who was implicated under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered country‑made wine from his house and an abandoned location. The petitioner contended that no liquor was found in his conscious possession and that the FIR did not disclose a cognizable offence, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar which allows anticipatory bail despite the bar in Section 76(2) when the alleged facts do not constitute an offence. The State opposed the relief, emphasizing the petitioner’s criminal antecedents. The Court, after weighing the arguments and the cited precedent, held that anticipatory bail could be granted as the prosecution had not established possession or a prima facie case, and imposed several conditions for his release. Consequently, the petitioner was ordered to be released on bail within four weeks upon furnishing a bond and sureties, subject to detailed compliance requirements.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
- Whether the absence of liquor in the petitioner’s conscious possession negates the existence of an offence under Section 30(a).
- Whether the petitioner’s criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- conscious possession
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29557 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- TIKAPATTI District- Purnia
======================================================
Jawahar Mandal @ Jawahar Kumar Mandal Son of Sohani Mandal Resident
of Village - Koili Simra Purab, P.S.- Tikapatti, District - Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Tikapatti P.S. Case No. 39 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, on secret information
about selling of the liquor, the Police raided basa of the petitioner
and recovered 30 liters country-made wine. Further, from an
abandoned place, 7 liters country made wine also
recovered/seized. This led to the FIR.
4. Learned counsel for the petitioner submits that only
because of criminal antecedent, he has been implicated and
nothing has been recovered from his conscious possession.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
Patna High Court CR. MISC. No.29557 of 2026(2) dt.06-05-2026
2/3
2019 (2) PLJR 1089 wherein it has been held that an application
for anticipatory bail in a case arising out of Bihar Excise and
Prohibition Act can be maintained, despite the bar under Section
76(2) of the Act, if on the basis of allegation made in the FIR, no
offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that the
petitioner has criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that there is no recovery from his conscious possession, in
that background, this Court is inclined to extend him the privilege
of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Judge, Excise Court No.
2, Purnia in connection with Tikapatti P.S. Case No. 39 of 2026
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Patna High Court CR. MISC. No.29557 of 2026(2) dt.06-05-2026
3/3
Station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be taken
for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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