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Patna High Court

Vijay MandalversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail was granted as the recovery was not from the accused's conscious possession.

Summary

Vijay Mandal was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 165 litres of Nepali-made liquor recovered from a motorcycle. He had been in custody since 13 February 2026 and applied for bail. The petitioner’s counsel argued that the liquor was not recovered from the petitioner’s conscious possession. The Additional Public Prosecutor opposed bail. The court, noting the lack of conscious possession and the duration of custody, granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the Exclusive Special Judge, Darbhanga. The order was made on a prima facie basis and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted when the alleged contraband was not recovered from the accused's conscious possession
  • Whether the period of custody since 13 February 2026 warrants bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • possession
  • liquor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39264 of 2026
                        Arising Out of PS. Case No.-173 Year-2025 Thana- Sonki District- Darbhanga
                 ======================================================
                 Vijay Mandal S/O Sarowar Mandal Vill-Mahua p.s-Sonki Dist -Darbhanga

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Girish Chandra Jha, Adv.
                 For the Opposite Party/s :        Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   17-06-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Sonki P.S. Case No.

                   173 of 2025 registered under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. The allegation is that 165 litres of Nepali Country

                   made liquor was recovered from the motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   recovery has not been made from the conscious possession of

                   the petitioner. He further submits that the petitioner is in custody

                   since 13.02.2026.

                               5. Learned Additional Public Prosecutor for the State

                   has vehemently opposed the prayer for bail of the petitioner.

                               6. Considering that the recovery has not been made
                       Patna High Court CR. MISC. No.39264 of 2026(2) dt.17-06-2026
                                          2/2




           from the conscious possession of the petitioner and the

           petitioner is in custody since 13.02.2026, this Court is inclined

           to grant bail to the petitioner.

                     7. Let the petitioner, above named, be released

           on bail on furnishing bail bonds of Rs. 10,000/- (Ten

           thousand) with two sureties of the like amount each to

           the satisfaction of learned Exclusive Special Judge-1,

           Darbhanga, in connection with Sonki P.S. Case No.

           173 of 2025.

                      8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of           adjudication of            the     present        bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                          (Ansul, J)
Vikash/-

U      T


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