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Patna High Court

Bikash Kumar Mandal @ Vikash Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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