Chandan Mandal @ Chandan Kumar @ Nishikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17709 of 2026 Arising Out of PS. Case No.-412 Year-2025 Thana- PIPRA District- Supaul ====================================================== 1.

Chandan Mandal @ Chandan Kumar @ Nishikant Kumar Son of Sri Ramnarayan Mandal R/o Village - Thariya, P.S. - Kishunpur, District - Supaul.

2.

Pawan Mandal @ Pawan Kumar Mandal Son of Late Ramchandra Mandal R/o Village - Thariya, P.S. - Kishunpur, District - Supaul. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-03-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Pipra P.S. Case No.412 of 2025, F.I.R dated 15.12.2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, on 15.12.2025, the informant Rajiv Kumar Singh, A.S.I., received secret information that the petitioners were unloading a consignment of liquor. Acting on the said information, the informant along with the police force conducted a raid near the mango orchard

Patna High Court CR. MISC. No.17709 of 2026(2) dt.25-03-2026 2/3 of Narayan Mandal, where a tractor loaded with white sacks was found and two persons fled away on seeing the police. Upon search of the tractor trailer, 612 litres of Nepali Dilwale Sophie liquor was recovered. Thereafter, the tractor and the recovered liquor were seized and a seizure list was prepared.

4. Learned counsel for the petitioners submits that recovery is made from a tractor bearing Chassis No. T053246422 and Engine No. E-3272798, which does not belong to the petitioner and the name of the petitioners has transpired on the basis of secret information. It has next been submitted that the petitioners have clean antecedent.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and recovery is made from a tractor, which does not belong to these petitioners and the petitioners have clean antecedent, accordingly, this Court is inclined to grant anticipatory bail to the petitioners.

7. Let the petitioners, above named, be released on anticipatory bail in the event of their arrest or surrender before

Patna High Court CR. MISC. No.17709 of 2026(2) dt.25-03-2026 3/3 the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Supaul, in connection with Pipra P.S. Case No.412 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023. (Ajit Kumar, J) sharun/- U T