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
- Bihar Prohibition and Excise Act — s. 30(a)
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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