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Patna High Court

Sunil Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with conditions, holding that the lack of conscious possession and the precedent allow bail despite the Section 76(2) bar.

Summary

Sunil Kumar Mandal applied for anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition Excise Act after a seizure of 99 litres of country-made liquor from a washroom belonging to another person. The prosecution alleged his involvement based on tips and local testimony, while the petitioner contended that the liquor was not in his conscious possession and that his criminal antecedent should not bar bail. The court examined the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail in excise cases despite the bar under Section 76(2) if no offence is made out. Considering the lack of direct possession and the cited precedent, the court granted anticipatory bail with a set of strict conditions, including bond, sureties, regular appearances, and non‑interference with witnesses. The order directs that the bail be effected within four weeks of the order.

Issues considered

  • Whether anticipatory bail can be granted under the Bihar Prohibition Excise Act when the seized liquor is not in the petitioner's conscious possession.
  • Whether the bar under Section 76(2) of the Bihar Prohibition Excise Act precludes anticipatory bail in such circumstances.
  • Whether the petitioner's criminal antecedent bars the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition Excise Act
  • Section 30
  • Section 76
  • criminal antecedent
  • possession
  • seizure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37720 of 2026
                      Arising Out of PS. Case No.-87 Year-2026 Thana- BHAPTIAHI District- Supaul
                 ======================================================
                 Sunil Kumar Mandal Son of Ramroop Mandal Resident of Ward No. -7,
                 Chandpipar, P.S.- Bhaptiyahi, District- Supaul, Bihar.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Aditi Medha, Adv.
                 For the Opposite Party/s :       Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   01-07-2026                  Heard Ms. Aditi Medha, learned Counsel for the

                   petitioner and learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Bhaptiyahi P.S. Case No. 87 of 2026 for the offence

                   registered under sections 30(a) of Bihar Prohibition Excise Act.

                                3. As per the prosecution story, the Police alleged that

                   on tips that this petitioner is in the business of selling liquor,

                   along with the Police Personnel reached the place and near the

                   house of the petitioner and from the washroom of Jadish Yadav,

                   there is recovery/seizure of 99 liter country made liquor. The

                   locals gave the name of this petitioner which led to the FIR.

                                4. Learned Counsel for the petitioner submits that

                   only because of criminal antecedent, he has been implicated.

                   The FIR clearly shows that it has been recovered from the
Patna High Court CR. MISC. No.37720 of 2026(2) dt.01-07-2026
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          washroom of Jagdish Yadav and if granted relief, he shall ensure

          that no such case is lodged against him failing which the relief

          granted, if any, be withdrawn.

                       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 out 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 for the State, on the other hand,

          opposes the prayer for anticipatory bail submitting that he has

          criminal antecedent.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that recovery/seizure is not from conscious possession of

          this petitioner, as recorded above, in that background, this Court

          is inclined to grant him the anticipatory bail with conditions.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the
Patna High Court CR. MISC. No.37720 of 2026(2) dt.01-07-2026
                                            3/4




          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Exclusive Spl. Excise Court-1, Supaul in

          connection with Bhaptiyahi P.S. Case No. 87 of 2026 subject to

          the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner(s) shall be appearing before the

          Police Station as and when required for co-operating 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 fortnight for six months to mark his

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the bail bonds;

                       (v) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,
           Patna High Court CR. MISC. No.37720 of 2026(2) dt.01-07-2026
                                                       4/4




                     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)
Vijay Singh/-

U      T


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