Patna High Court

Ashish Kumar Mandal @ Ashish KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Ashish Kumar Mandal, sought anticipatory bail fearing arrest in a case (PS No. 153 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 177 litres of illicit liquor from a tractor. The prosecution alleged his involvement, while the petitioner contended that his name was only disclosed by a co‑accused, that he was neither the owner nor the driver of the vehicle, and that no prima facie case existed against him. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.15,000 with two sureties, and complies with the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
illicit liquor
Bihar Prohibition and Excise Act
false implication
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.88292 of 2025
                          Arising Out of PS. Case No.-153 Year-2025 Thana- Marnga District- Purnia
                 ======================================================
                 Ashish Kumar Mandal @ Ashish Kumar son of Narayan Mandal Resident Of
                 Village - Satjori, Ps- Goradih, Dist- Bhagalpur

                                                                                      ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ram Prawesh Kumar, Adv.
                 For the Opposite Party/s :         Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                            2.      The petitioner apprehends his arrest in connection

                   with Maranga PS Case No. 153 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                            3.      The prosecution case, in short, is that total 177

                   litres of illicit liquor was recovered from the tractor.

                            4.      Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   disclosure made by the apprehended co-accused person.

                   Learned counsel further submitted that petitioner is neither the
           Patna High Court CR. MISC. No.88292 of 2025(2) dt.15-01-2026
                                                       2/2




                     owner nor the driver of the vehicle in question. The petitioner

                     has got no concern with the alleged recovery of liquor. Learned

                     counsel for the petitioner, therefore, contends that prima-facie

                     no case is made out against the petitioner. The petitioner has one

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarika Suraksha Sanhita, 2023.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Maranga PS Case

                     No. 153 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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