Patna High Court
Abdhesh Kumar Mandal @ Abdhesh Mandal @ Awadhesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as the allegations did not constitute an offence under the Act and the petitioner had no criminal antecedent.
Summary
The petitioner, Abdhesh Kumar Mandal, sought anticipatory bail after police seized 92.925 litres of Nepali liquor from three motorcycles in an Excise case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. He claimed ownership of one motorcycle, which had earlier been registered in another person’s name, and argued that he was wrongly implicated. Relying on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if no offence is made out, the petitioner contended that the FIR did not establish a cognizable offence against him. The State opposed, asserting ownership of the motorcycle. The court, noting the precedent and the petitioner’s clean record, granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Amendment Act despite the bar under Section 76(2)
- Whether the allegations in the FIR constitute an offence against the petitioner
- Whether the conditions prescribed under Section 438(2) of the Criminal Procedure Code are satisfied
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 76(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- prohibition law
- Section 30
- Section 438
- bail conditions
- criminal antecedent
- nepali liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35013 of 2026
Arising Out of PS. Case No.-299 Year-2025 Thana- Excise P.S. District- Araria
======================================================
Abdhesh Kumar Mandal @ Abdhesh Mandal @ Awadhesh Kumar S/o
Parmeshwar Mandal Resident of village - Hulas, Ward No. 03, Police Station
- Raghopur, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Adv.
For the Opposite Party/s : Mr. Ram Naresh Ray, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-05-2026 1. Heard the parties through virtual mode.
2. The petitioner is apprehending arrest in connection
with Araria Excise P.S. Case No. 299 of 2025 instituted under
Section 30(a) of the Bihar Prohibition and Excise Amendment
Act.
3. As per the prosecution story, the police intercepted
three motorcycles and there is recovery/seizure of 39.00 liters,
36 liters and 17.925 liters of Nepali liquor respectively, totaling
92.925 liters, which led to the FIR.
4. Learned counsel for the petitioner submits that he
owns one of the motorcycles from which 36 liters of Nepali
wine was recovered and it was earlier shown in the name of one
Chandan Kumar Yadav, but due to the fact that it was not
Patna High Court CR. MISC. No.35013 of 2026(2) dt.20-05-2026
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transferred in his name, he has been implicated.
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
2019(2) PLJR 1089 wherein it has been held that an application
for anticipatory bail in a case arising our 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, Mr. Ram Naresh Ray opposes the
prayer submitting that he owns the motorcycle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the petitioner does not have criminal antecedent, in that
background this Court is inclined to extend him the privilege of
anticipatory bail.
8. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court 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
the like amount each in connection with Araria Excise P.S. Case
No. 299 of 2025 to the satisfaction of learned Exclusive Special
Patna High Court CR. MISC. No.35013 of 2026(2) dt.20-05-2026
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Judge Excise Court No. 2, Araria Patna City, Patna subject to
the conditions as laid down under Section 438(2) of the Cr.P.C.
as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
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 day for one month and later every fortnight
for next six months to mark his attendance and at the end of the
period a certificate be submitted before the Trial Court failing
which the State shall be at liberty to take steps for cancellation
of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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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)
Nirmal/-
U T
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