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Patna High Court

Bhedan Mandal @ Bhed Narayan MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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