Patna High Court
Raj Kumar Mandal @ ChhotelalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Criminal Procedure Code — s. 482(2)
- Excise Act — s. 30(a)
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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