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Patna High Court

VIJAY MANDALversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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