Patna High Court
Pappu MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic and Substance (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- Criminal Procedure Code — s. 438(2)
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
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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
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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/-
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