Patna High Court
Devendra Mandal @ Devendra Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners.
Summary
The petitioners, four residents of Jhanjhri village, applied for anticipatory bail after learning that they might be arrested in connection with a case involving the alleged recovery of 155.10 litres of illegal liquor. The prosecution alleged offences under Sections 274, 275 and 3(5) of the B.N.S. 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioners argued that their names appeared only in the statement of a co‑accused, Santosh Kumar Mandal, who was caught on the spot, and that no liquor was found in their constructive possession; they also highlighted their clean antecedent and willingness to cooperate. The State opposed the bail. The Court, noting the lack of direct material against the petitioners and their clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and the condition under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners when their involvement is based solely on a co‑accused's disclosure and no material has been recovered from them.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S., 2023 — s. 274, 275, 3(5)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- clean antecedent
- co‑accused disclosure
- bail bond
- Section 482(2) of B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33775 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- LAUKAHA District- Madhubani
======================================================
1. Devendra Mandal @ Devendra Kumar Mandal S/o Mahendra Mandal
Resident of Village- Jhanjhri, P.S.- Laukaha, District-Madhubani.
2. Chandu Mandal @ Chandeshwar Mandal S/o Bindeshwar Mandal Resident
of Village- Jhanjhri, P.S.- Laukaha, District-Madhubani.
3. Jayprakash Mandal S/o Bindeshwar Mandal Resident of Village- Jhanjhri,
P.S.- Laukaha, District-Madhubani.
4. Dharmjeet Yadav @ Dharmjeet Kumar Yadav S/o Dhruv Lal Yadav Resident
of Village- Jhanjhri, P.S.- Laukaha, District-Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha, Advocate
For the Opposite Party/s : Mr.Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State through virtual mode.
2. The petitioners are apprehending their arrest in
connection with Laukaha P.S. Case No. 41 of 2026 registered on
27.02.2026 for the offences punishable under Sections 274, 275
and 3 (5) of B.N.S 2023 and section 30 (a) of Bihar Prohibition
and Excise Amendment Act, 2018.
3. As per the prosecution case, altogether 155.10
litres of illegal liquor is said to have been recovered.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.33775 of 2026(2) dt.20-05-2026
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name of these petitioner have transpired on the basis of the
disclosure made by co-accused Santosh Kumar Mandal who
was caught by the police on the spot, while nothing is said to
have been recovered from the constructive possession of these
petitioners. The counsel for the petitioners also submits that the
petitioners have clean antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the fact that the name of these
petitioners have transpired on the disclosure made by the co-
accused, Santosh Kumar Mandal who was caught on the spot by
the police and nothing has been recovered from the constructive
possession of the petitioners and the petitioners are ready to
cooperate with the investigation so that it can reach a logical
conclusion and the petitioners have got clean antecedent,
accordingly, this Court is inclined to grant anticipatory bail to
the petitioners.
7. Let the petitioners, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of six weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.33775 of 2026(2) dt.20-05-2026
3/3
learned Exclusive Special Judge (Excise), Jhajharpur,
Madhubani in connection with Laukaha P.S. Case No. 41 of
2026 subject to the condition as laid down under Section 482(2)
of the B.N.S.S., 2023.
(Ajit Kumar, J)
shikha/suryadev
U T
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