Patna High Court
Rohit Kumar @ MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, in the absence of evidence that the seized liquor was in the petitioner's possession, anticipatory bail was warranted.
Summary
The petitioner, Rohit Kumar @ Mandal, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 300.375 litres seized near the River Ganga. He applied for anticipatory bail, arguing that the liquor was recovered in a public place, he was not present at the seizure, and there was no evidence of his conscious possession; the allegation was based merely on local suspicion. The Additional Public Prosecutor opposed the bail, citing the petitioner’s involvement in two other criminal cases. The court observed that the recovery of liquor did not appear to be from the petitioner’s physical possession and therefore granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order directs the petitioner to surrender within four weeks and comply with the bail conditions.
Issues considered
- Whether anticipatory bail can be granted when the seized illicit liquor is not in the petitioner's physical possession.
- Whether mere suspicion and information from local residents suffice to name a person as an accused.
- Whether the petitioner's prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43453 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- Rangara District- Bhagalpur
======================================================
Rohit Kumar @ Mandal S/o Bindeshwari Mandal Resident of village- Gyani
das tola, P.S- Rangara, District- Bhagalpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Anamika Kumari, Advocate
For the Opposite Party : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 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 Rangra P.S. Case
No.48 of 2026 registered under Section 30(a) of 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 300.375 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made near river Ganga which is an open place accessible to
Patna High Court CR. MISC. No.43453 of 2026(2) dt.03-07-2026
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general public. It is also submitted that name of petitioner
arrayed solely on the basis of suspicion as the disclosure has
been made by the local people. It is further submitted and
petitioner was not present at the place where alleged liquor
was seized and also not connected in any manner with the
said seized liquor. It can be said that recovery of illicit liquor
was not made from conscious possession of this petitioner.
Explaining criminal antecedent, it is submitted that the
petitioner found involved in two more criminal cases, where
he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, 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
Patna High Court CR. MISC. No.43453 of 2026(2) dt.03-07-2026
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satisfaction of the learned Special Judge Excise, Bhagalpur,
in connection with Rangra P.S. Case No.48 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.)
Aniket/-
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