Patna High Court
Pawan Kumar Mandal @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties, in accordance with Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Pawan Kumar Mandal, was implicated in a case (Kuwari PS Case No.22 of 2026) for allegedly possessing 4.950 litres of foreign liquor on his motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He contended that the liquor was not in his conscious possession, the motorcycle had been taken by a neighbour, and that the search and seizure violated mandatory procedures under Sections 103 and 105 of the Bharatiya Nagrik Suraksha Sanhita, 2023. The State opposed bail. The Court, after considering the facts and the alleged procedural lapses, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The bail application was allowed. The decision underscores the importance of compliance with search‑seizure provisions before denying bail.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 concerning alleged possession of foreign liquor.
- Whether the alleged non‑compliance with Sections 103 and 105 of the Bharatiya Nagrik Suraksha Sanhita, 2023, warrants the grant of bail.
- Whether the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 103, 105, 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- foreign liquor
- search and seizure
- procedural lapse
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32627 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- KUWARI District- Araria
======================================================
Pawan Kumar Mandal @ Pawan Kumar, Male, aged about 32 years, S/o Niraj
Mandal, R/o Village- Khodhaili, Ward No- 05, P.S.- Palasi, District- Araria,
State- Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Jha, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with
Kuwari PS Case No. 22 of 2026 dated 03.03.2026, instituted
under Sections 30(a) of the Bihar Prohibition and Excise Act,
2016.
3. The allegation against the petitioner is of recovery
of 4.950 liters foreign liquor from motorcycle belonging to the
petitioner.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the conscious possession of
the petitioner. The motorcycle of the petitioner was taken by his
neighbour for taking his ailing mother to a Doctor for
consultation. Further submission is that the search and seizure
Patna High Court CR. MISC. No.32627 of 2026(2) dt.13-05-2026
2/2
has not been made as per mandatory requirement of Section 103
and 105 of Bharatiya Nagrik Suraksha Sanhita, 2023. Lastly, it
is submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
District and Additional Sessions Judge –cum- Exclusive Special
Judge Excise-II, Araria, in Kuwari PS Case No. 22 of 2026,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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