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Patna High Court

Raghav MandalversusThe State Of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the recovery of a substantial quantity of illicit liquor from the petitioner’s vehicle justified denial of bail.

Summary

The petitioner, Raghav Mandal, was implicated in a case (PS‑Bahera No. 234 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 86.04 litres of illicit foreign liquor were recovered from a scooty registered in his name. The petitioner argued that the liquor was not in his conscious possession, that he had no direct involvement, and that he possessed a clean antecedent, seeking anticipatory bail. The State, represented by an Additional Public Prosecutor, contended that the recovery from the petitioner’s vehicle established sufficient grounds to deny bail. The Court examined the factual matrix, noting the large quantity of contraband seized from the petitioner’s vehicle, and concluded that the suspicion was substantiated. Consequently, the Court refused the petition for anticipatory bail, ordering the petition dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the recovery of illicit liquor from his vehicle.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • seizure
  • ownership of vehicle
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43713 of 2026
                      Arising Out of PS. Case No.-234 Year-2026 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Raghav Mandal S/o Upendra Mandal R/o Vill-Punhad ,Ward No- 02 P.S
                 -Ghanshyampur, District -Darbhanga

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivam Prerna, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-07-2026                       Heard learned counsel for the petitioner and the

                   State.

                                2. Petitioner apprehends arrest in Bahera P.S. Case

                   No. 234 of 2026, registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, total 86.040 liters of illicit

                   foreign liquor was recovered from the scooty of the petitioner

                   bearing chesis no. ME1SELBFIT0031827.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   only on suspicion. Petitioner claims clean antecedent.

                                5. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.43713 of 2026(2) dt.08-07-2026
                                                       2/2




                     bail and submits that recovery has been made from the seized

                     vehicle of which this petitioner is registered owner.

                                  6. Considering the fact that the huge quantity of illicit

                     liquor has been recovered from the scooty of petitioner, prayer

                     for anticipatory bail of the petitioner is refused.



                                           (Prabhat Kumar Singh, J)
Alok/Sanjay-

U      T


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