Created by Fuzzy Cloud

Patna High Court

Devendra Mandal @ Devendra Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.