Patna High Court
Sunil Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Prohibition & Excise Act — s. 30(a), 76(2)
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
2/4
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.