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Patna High Court

Raj Kumar Mandal @ ChhotelalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court held that bail should be granted as the recovery was not made from the petitioner's conscious physical possession.

Summary

The petitioner, Raj Kumar Mandal, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Excise Act, with 3.55 litres recovered from a motorcycle he allegedly jointly occupied. He contended that the liquor was not in his conscious physical possession and that he has a clean antecedent. The State opposed his bail application. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's direct possession. Consequently, the court ordered that the petitioner be released on bail upon surrender within four weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Criminal Procedure Code. The bail was granted pending further trial in the Excise Court.

Issues considered

  • Whether the petitioner was in physical possession of the illicit liquor recovered.
  • Whether bail could be granted under Section 482(2) of the Criminal Procedure Code in a case under the Excise Act.

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • possession
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45757 of 2026
                       Arising Out of PS. Case No.-34 Year-2026 Thana- AMDABAD District- Katihar
                 ======================================================
                 Raj Kumar Mandal @ Chhotelal S/o Sakim Mandal R/o Vill- Urliram Tola,
                 Ward No 17, PS- Amdabad, Dist- Katihar
                                                                       ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Umesh Kumar Yadav
                 For the Opposite Party/s :       Mr.Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   10-07-2026                     Heard the parties

                                2.The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Amdabad P.S.

                   Case No. 34 of 2026 registered for the offences punishable

                   under Section 30(a) of Excise Act.

                                3. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor,

                   where, there is recovery of 3.550 litres of IMFL/country

                   made liquor

                                4.Learned counsel appearing on behalf of the

                   petitioner submitted that recovery of illicit liquor was made

                   from motor cycle which was jointly occupied. It is submitted

                   that petitioner is not connected in any manner with alleged
              Patna High Court CR. MISC. No.45757 of 2026(2) dt.10-07-2026
                                                          2/2




                        vehicle, where illicit liquor was recovered. It is submitted

                        that recovery is not made from conscious physical possession

                        of the petitioner, who is a man of clean antecedent.

                                     5 Learned APP, opposed the prayer of bail.

                                     6. In view of aforesaid factual and legal submission

                        and by taking note of fact as recovery of illicit liquor prima-

                        facie not appears to be made from the physical possession of

                        the petitioner, accordingly petitioner above-named, in the

                        event of his arrest or surrender before the court below within

                        a period of four weeks, is directed to be released on bail,

                        furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction

                        of the learned Exclusive Spl. Judge Excise court no. 1,

                        Katihar /concerned Court, where the case is pending in

                        connection with Amdabad P.S. Case No. 34 of 2026, subject

                        to the conditions as laid down under Section 482(2) of

                        BNSS.



                                                                  (Chandra Shekhar Jha, J)
Sudha/-

U         T


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