Kundan Kumar Mandal Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Kundan Kumar Mandal Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to be released on bail upon arrest or surrender within four weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Judge-II, Bhagalpur, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, named in the FIR and apprehending arrest in Sanhaula P.S. Case No.15 of 2026, should be granted anticipatory bail. +1 more

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the court below within four weeks, the petitioner (a man of clean antecedent) is to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Judge-II, Bhagalpur, in connection with Sanhaula P.S. Case No.15 of 2026.

Ratio / Principle

On the factual submissions, recovery of illicit liquor prima facie did not appear to have been made from the physical possession of the petitioner.

Key takeaways

The release is made subject to the conditions laid down under Section 438(2) of the CrPC / Section 482(2) of the BNSS.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail - granted. Petitioner, named in the FIR in Sanhaula P.S. Case No.15 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended), apprehended arrest on allegations of illegal trade/manufacturing of illicit liquor with recovery of 18 litres 300 ml of IMFL/country-made liquor. He claimed to have been implicated solely as the registered owner of the seized Motorcycle, that nothing was recovered from his conscious possession, and that he had clean antecedents. Holding that the recovery prima facie did not appear to be from the petitioner's physical possession, the Court directed his release on bail, in the event of arrest or surrender within four weeks, on a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Bhagalpur, subject to the conditions under Section 438(2) of the CrPC / Section 482(2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41980 of 2026

Arising Out of PS. Case No.-15 Year-2026 Thana- SANHAULA District- Bhagalpur

======================================================

Kundan Kumar Mandal, S/o Sunil Mandal, Resident of Village- Bara Sabawara Bandh, Police Station- Godda, Distt- Godda (Jharkhand)

... ... Petitioner

Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Dr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 30-06-2026

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The accused/petitioner is named in the FIR and apprehending his arrest in connection with Sanhaula P.S. Case No.15 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022(Amended).

Allegation against the petitioner is to engage in

illegal trade/manufacturing of illicit liquor, where there is recovery of 18 litres 300 ml of IMFL/country-made liquor.

It is submitted by learned counsel appearing for petitioner that the petitioner has been implicated as an accused solely on the ground that he is the registered owner of the Motorcycle alleged to have been seized in connection

with the present case. It is further submitted that nothing

Patna High Court CR. MISC. No.41980 of 2026(2) dt.30-06-2026 2/2

has been recovered from the conscious possession of the petitioner. The petitioner has claimed clean antecedent.

Learned APP opposed the prayer of anticipatory bail to the petitioner.

In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner above-named, who is a man of clean antecedent, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released 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 Exclusive Special Excise Judge-II, Bhagalpur in connection with Sanhaula P.S. Case No.15 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.)

Raushan/-

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