Patna High Court
Raghav MandalversusThe State Of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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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