Patna High Court

Mahesh MandalversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted bail to the petitioner, directing a bond of Rs 10,000 with two sureties.

Summary

Mahesh Mandal was arrested in connection with the seizure of 1,330.2 litres of foreign liquor recovered from a Bolero pick‑up van. He is charged under Sections 336(3), 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended that he neither owned the vehicle nor the liquor, that his name was derived only from secret information, and that several co‑accused had already been granted bail. The State opposed bail on the ground of the large quantum of seizure. The Court, noting the absence of conscious possession, the petitioner’s custody since 07‑11‑2025, and the precedent of bail to co‑accused, ordered that bail be granted on a bond of Rs 10,000 with two sureties of equal amount.

Issues considered

Whether the petitioner is entitled to bail despite the large quantity of seized liquor and lack of direct possession
Whether the prior criminal antecedent and the nature of the offence preclude bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 336(3), 3(5)

Subjects

bail
illegal liquor
seizure
anticipatory bail
criminal procedure
possession
Bharatiya Nyaya Sanhita
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89790 of 2025
                  Arising Out of PS. Case No.-74 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
                 ======================================================
                 Mahesh Mandal S/o Late Babajee Mandal Resident of Village - Parsa, P.S -
                 Shivajinagar (Shivajeenagar), District – Samastipur.        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar.                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sarbottam Kumar Sarkar, Advocate
                 For the Opposite Party/s :      Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   26-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. A copy of the counter affidavit filed on behalf of the

                   Superintendent of Police, Samastipur has been produced by the

                   learned APP for the State, although the same has already been filed

                   through online and is on record. A supplementary affidavit has

                   also been filed by the learned counsel for the petitioner bringing

                   on record that various co-accused persons have been granted

                   anticipatory/regular bail by coordinate Benches of this Court.

                                   3. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 336(3)/274/275/3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and under Section 30(a) and 41(1)

                   of the Bihar Prohibition and Excise Act.

                                   4. Acting on a tip-off, the police recovered 1330.2

                   liters of foreign liquor from an orchard while the same was being

                   unloaded.

                                   5. It is submitted by learned counsel for the petitioner

                   that as many as 20 persons have been made accused in this case
            Patna High Court CR. MISC. No.89790 of 2025(4) dt.26-02-2026
                                                        2/2




                      with regard to recovery of 1330.2 liters of foreign liquor being

                      unloaded from a Bolero pick-up van. It is further submitted that

                      the petitioner is neither the owner of the said pick-up van nor the

                      illicit liquor. Petitioner was not arrested on the spot and the name

                      of the petitioner transpired only on the basis of secret information.

                      Petitioner is in custody since 07.11.2025 with one criminal

                      antecedent of the similar nature of the offence in which he is on

                      bail.

                                      6. Learned APP for the State opposed the bail

                      petition on the ground of quantum of seizure.

                                      7.    Taking     into    consideration   the   facts   and

                      circumstances of the case and also considering the fact that several

                      similarly situated co-accused have been granted bail and there is

                      no recovery from the conscious possession of the petitioner, the

                      above named petitioner is directed to be enlarged 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

                      learned Court below where the case is pending/successor Court in

                      connection with Shivajinagar P.S. Case No.74 of 2025.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

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