Patna High Court
Kundan Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 (Amended) — s. 30(a)
- Criminal Procedure Code (CrPC) — s. 438(2)
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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