Patna High Court
VIJAY MANDALversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, as the recovery did not prima facie demonstrate conscious possession, bail was to be granted.
Summary
The petitioners, Vijay Mandal and Vikash Mandal, were named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, with 80 litres of liquor recovered near Madheli Dam. They contended that the recovery was made in a public open area and that they had no conscious physical possession of the liquor; the seizure list relied solely on police testimony without independent witnesses. The State opposed bail, arguing the seriousness of the offence. The High Court observed that the facts did not prima facie show conscious possession and therefore granted bail, directing the petitioners to furnish a bond of Rs.10,000 with two sureties each, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The petition was disposed with the bail order.
Issues considered
- Whether the recovery of illicit liquor establishes conscious physical possession of the accused for purposes of bail.
- Whether the circumstances of the seizure justify denial of bail under the Bihar Prohibition and Excise Act, 2016.
- Applicability of Section 438(2) CrPC and Section 482(2) BNSS in granting bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- illegal liquor
- prohibition act
- conscious possession
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9656 of 2026
Arising Out of PS. Case No.-244 Year-2025 Thana- KURSAILA District- Katihar
======================================================
1. Vijay Mandal S/o Siyaram Mandal
2. Vikash Mandal @ Vikash Kumar, S/o Sikandar Mandal
Both are R/o village- Madheli Malinia, P.S.- Kursela, District- Katihar
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Upadhyaya, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR
and apprehending their arrest in connection with Kursela P.S.
Case No.244 of 2025 for offence under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Allegation against the petitioners is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 80 liters of IMFL/country-made liquor.
4. Learned counsel appearing for the petitioners
submitted that the name of petitioners transpired on the basis
of suspicion arising out of disclosure made by local Choukidar.
Patna High Court CR. MISC. No.9656 of 2026(2) dt.17-02-2026
2/3
It is submitted that recovery of alleged illicit liquor was made
beside Madheli Dam, which is an open place and accessible by
general public. It is submitted that alleged recovery of illicit
liquor was not made from conscious physical possession of
petitioners. It is submitted that seizure list not appears
supported by independent witnesses rather by police
personnel. Both petitioners claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as recovery of illicit liquor prima facie not
appears to be made from conscious physical possession of
petitioners, accordingly, both petitioners, above-named, in
the event of their arrest or surrender in the court below within
a period of four weeks, are directed to be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge-cum-Exclusive Special Excise Court-II,
Katihar/concerned court in connection with Kursela P.S. Case
No.244 of 2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.9656 of 2026(2) dt.17-02-2026
3/3
Section 438(2) of the CrPC/under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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