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Patna High Court

Kundan Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that mere ownership of the vehicle used in the alleged offence does not constitute possession of illicit liquor, and therefore anticipatory bail was appropriate.

Summary

The petitioner, Kundan Kumar 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, 2022 (Amended). The only basis for his implication was his ownership of a motorcycle seized in the raid, with no liquor recovered from his personal possession. He sought anticipatory bail, asserting a clean antecedent. The Additional Public Prosecutor opposed the bail. The court observed that ownership of the vehicle alone does not establish possession of the liquor and, given the petitioner’s clean record, granted anticipatory bail subject to a bond and sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the alleged offence under the Bihar Prohibition and Excise Act.
  • Whether ownership of the seized motorcycle suffices to establish possession of illicit liquor.
  • Whether the petitioner’s clean antecedent warrants the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail bond
  • Section 438 CrPC
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41980 of 2026
                     Arising Out of PS. Case No.-15 Year-2026 Thana- SANHAULA District- Bhagalpur
                 ======================================================
                 Kundan Kumar Mandal, S/o Sunil Mandal, Resident of Village- Bara
                 Sabawara Bandh, Police Station- Godda, Distt- Godda (Jharkhand)
                                                                              ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Dr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   30-06-2026                       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 Sanhaula P.S.

                   Case No.15 of 2026 registered under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2022(Amended).

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 18 litres 300 ml of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   petitioner that the petitioner has been implicated as an

                   accused solely on the ground that he is the registered owner

                   of the Motorcycle alleged to have been seized in connection

                   with the present case. It is further submitted that nothing
            Patna High Court CR. MISC. No.41980 of 2026(2) dt.30-06-2026
                                                        2/2




                      has been recovered from the conscious possession of the

                      petitioner. The petitioner has 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

                      learned Exclusive Special Excise Judge-II, Bhagalpur in

                      connection with Sanhaula P.S. Case No.15 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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