Patna High Court
Bhedan Mandal @ Bhed Narayan MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, in the absence of proof of conscious possession and given the petitioner's clean antecedent, anticipatory bail is warranted.
Summary
The petitioner, Bhedan Mandal, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 24 litres of liquor seized. He contended that the liquor was found in an open plastic bag accessible to the public and not in his conscious possession, and that the seizure list lacked independent witnesses, relying only on villagers' statements. The petitioner, who has a clean antecedent, applied for anticipatory bail. The court observed that the recovery did not prima facie establish possession by the petitioner and, considering his clean record, directed that he be released on bail upon furnishing a bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order was conditioned on surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail can be granted when the alleged seized illicit liquor is not shown to be in the petitioner's conscious possession.
- Whether the petitioner is entitled to bail under Section 438 of the CrPC given the lack of direct evidence and his clean antecedent.
- Whether the seizure list, lacking independent witnesses, is sufficient to sustain the charge.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Section 30
- clean antecedent
- seizure
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41773 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- NADI District- Supaul
======================================================
Bhedan Mandal @ Bhed Narayan Mandal, S/O Ramcharit Mandal @
Ramchalitar Mandal, R/O Village- Chhajna (Ward No.-11), Chhaojrena, P.S.-
Narhiya, Distt.- Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with S.T Excise No.
356 of 2026 arising out of Supaul Nadi P.S. Case No.41 of
2026 registered under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 24 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
Patna High Court CR. MISC. No.41773 of 2026(2) dt.29-06-2026
2/3
a plastic bag from an open place, accessible to the general
public and, therefore, it cannot be said that the alleged
recovery was made from the conscious possession of the
petitioner. It is further submitted that seizure list also
appears doubtful being not supported by independent
witnesses rather than by police personnel. It is also pointed
out that the name of the petitioner surfaced solely on the
disclosure made by the local villagers. The petitioner claimed
clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, who is
a man of clean antecedent in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.41773 of 2026(2) dt.29-06-2026
3/3
learned Exclusive Special, Excise-I, Supaul in connection
with S.T Excise No. 356 of 2026 arising out of Supaul Nadi
P.S. Case No.41 of 2026, subject to the conditions as laid
down under Section 438(2) of the CrPC/under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.