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

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

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the court below within four weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Spl. Judge Excise Court No. 1, Katihar / concerned Court, subject to conditions under Section 482(2) of BNSS.

Issue for consideration

Whether the petitioner, named in the F.I.R. and apprehending arrest in Amdabad P.S. Case No. 34 of 2026 registered under Section 30(a) of the Excise Act, is entitled to anticipatory bail.

Court's answer

Taking note of the submissions, recovery of illicit liquor prima facie does not appear to have been made from the physical possession of the petitioner.

Ratio / Principle

Anticipatory bail granted: petitioner, in the event of arrest or surrender before the court below within four weeks, directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Spl. Judge, Excise Court No. 1, Katihar / concerned Court, subject to conditions under Section 482(2) of BNSS.

Detailed headnote1 paragraphs

Anticipatory bail (Patna High Court, Crl. Misc. No. 45757 of 2026, decided 10-07-2026, Chandra Shekhar Jha, J.): Petitioner, named in the F.I.R. in Amdabad P.S. Case No. 34 of 2026 (District Katihar) registered under Section 30(a) of the Excise Act for alleged illegal trading/manufacturing of illicit liquor with recovery of 3.550 litres of IMFL/country-made liquor, sought pre-arrest bail. Counsel submitted the recovery was from a jointly occupied motorcycle and not from the petitioner's conscious physical possession; he was a man of clean antecedents. The APP opposed. Holding that the recovery prima facie did not appear to be from the petitioner's physical possession, the Court granted anticipatory bail: upon arrest or surrender within four weeks, the petitioner was to be released on bail on a bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Special Judge (Excise), Court No. 1, Katihar, subject to conditions under Section 482(2) of BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45757 of 2026

Arising Out of PS. Case No.-34 Year-2026 Thana- AMDABAD District- Katihar

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

Raj Kumar Mandal @ Chhotelal S/o Sakim Mandal R/o Vill- Urliram Tola, Ward No 17, PS- Amdabad, Dist- Katihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Umesh Kumar Yadav For the Opposite Party/s : Mr.Meena Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 10-07-2026

Heard the parties

2.The petitioner is named in the F.I.R. and

apprehending his arrest in connection with Amdabad P.S. Case No. 34 of 2026 registered for the offences punishable under Section 30(a) of Excise Act.

The allegation against the petitioner is to be

engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 3.550 litres of IMFL/country made liquor

4.Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from motor cycle which was jointly occupied. It is submitted

that petitioner is not connected in any manner with alleged

Patna High Court CR. MISC. No.45757 of 2026(2) dt.10-07-2026 2/2

vehicle, where illicit liquor was recovered. It is submitted that recovery is not made from conscious physical possession of the petitioner, who is a man of clean antecedent.

5 Learned APP, opposed the prayer of bail.

In view of aforesaid factual and legal submission

and by taking note of fact as recovery of illicit liquor primafacie not appears to be made from the physical possession of the petitioner, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within

a period of four weeks, is directed to be released on bail, 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 Spl. Judge Excise court no. 1, Katihar /concerned Court, where the case is pending in connection with Amdabad P.S. Case No. 34 of 2026, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J)

Sudha/-

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