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Patna High Court

Pappu MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Since the recovery was not shown to be in the petitioner's physical possession and he has a clean antecedent, the court granted anticipatory bail under Section 438(2) CrPC and Section 482(2) BNSS.

Summary

The petitioner, Pappu Mandal, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, with 70.02 litres of liquor recovered from a house and a motorcycle. The petitioner contended that the recovery was made from the premises of another person, Sudhir Sharma, and that his name was cited only on the basis of a co‑accused’s statement; he was not present at the spot and claimed a clean antecedent. The State opposed the grant of anticipatory bail. The Court examined the material and held that the recovery was not prima facie linked to the petitioner's physical possession and, given his clean record, bail was appropriate. Accordingly, the Court directed that the petitioner be released on anticipatory bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was to be complied with within four weeks of arrest or surrender.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the recovery of illicit liquor alleged to be connected with him.
  • Whether the material on record establishes the petitioner's possession of the seized liquor.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • possession
  • clean antecedent
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.45022 of 2026
                  Arising Out of PS. Case No.-130 Year-2026 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
                 Pappu Mandal S/O Arvind Modi Resident of Village- Katehar, P.S.-
                 Surajgarha, District- Lakhisarai.

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party :        Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-07-2026                 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 Surajgarha P.S.

                   Case No.130 of 2026 registered under Sections 30(a) and

                   32(3) 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 70.02 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 from the house of one, namely, Sudhir Sharma and
Patna High Court CR. MISC. No.45022 of 2026(2) dt.08-07-2026
                                            2/3




          also from a motorcycle bearing Registration No. BR08X

          1869. It is also submitted that name of petitioner arrayed

          solely on the disclosure made by the apprehended co-

          accused, namely, Ram Pravesh Kumar. It is further

          submitted that petitioner was not present at the spot from

          where the alleged recovery was made and it can be safely

          said that recovery of illicit liquor was not made from

          conscious possession of this petitioner. Petitioner 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 note of the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, who is a man of clean antecedent, 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 satisfaction of the
           Patna High Court CR. MISC. No.45022 of 2026(2) dt.08-07-2026
                                                       3/3




                     learned District and Additional Sessions Judge IV -cum-

                     Special Excise Court I, Lakhisarai, in connection with

                     Surajgarha P.S. Case No.130 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/-

U      T


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