Patna High Court
Bikash Kumar Mandal @ Vikash Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner as the recovery of illicit liquor did not appear to be made from his conscious physical possession.
Summary
The petitioner, Bikash Kumar Mandal, was implicated in a case (PS Baisi Case No. 420 of 2025) for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, after 7.44 litres of liquor were recovered from his motorcycle. He contended that the motorcycle had been stolen shortly before the seizure and that he was in the process of filing an FIR for the theft, asserting he had no knowledge or control over the liquor. The co‑accused, when apprehended, indicated the motorcycle was obtained from a third party, supporting the petitioner's claim of innocence. The Additional Public Prosecutor opposed bail, but the court noted the lack of direct possession and the petitioner's clean antecedent. Consequently, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner can be held liable for the illicit liquor recovered from a motorcycle allegedly stolen from him
- Whether bail should be granted to the petitioner pending trial
Legislation cited
- Bihar Negotiable Securities (or relevant) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition act
- theft
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37609 of 2026
Arising Out of PS. Case No.-420 Year-2025 Thana- BAISI District- Purnia
======================================================
Bikash Kumar Mandal @ Vikash Kumar Mandal Son of Baidhnath Mandal
Resident of Village- Banali, Babhani, P.S.- Dagrua, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Baisi P.S.
Case No. 420 of 2025 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor,
where, there is recovery of 7.440 litres of IMFL/country
made liquor from the motorcycle.
4. Learned counsel appearing on behalf of the
petitioner submitted that the motorcycle of petitioner was
Patna High Court CR. MISC. No.37609 of 2026(2) dt.08-06-2026
2/3
stolen by some unknown person just before the present
recovery of illicit liquor and as petitioner was in process to
lodge FIR regarding the occurrence, in meantime it was
seized by police in connection with present crime in question,
which is regarding recovery of illicit liquor. It is submitted
that the aforesaid fact can be gathered from the FIR itself,
as the co-accused while apprehended by police without
naming this petitioner disclosed that he got this motorcycle
from one Shivam Kumar. It is submitted that apparently
recovery of illicit liquor was not made from petitioner, who is
a man of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. Considering the aforesaid facts and
circumstances as recovery of illicit liquor prima facie not
appears to be made from the conscious physical possession
of this petitioner, who is a man of clean antecedent,
accordingly, above named petitioner, in the event of his
arrest or surrender before the learned trial Court, within a
period of four weeks of the order, is directed to be released
on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.37609 of 2026(2) dt.08-06-2026
3/3
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court No.
1, Purnea/concerned Court, where the case is pending in
connection with Baisi P.S. Case No. 420 of 2025, subject to
the conditions as laid down under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.