Kundan Kumar Mandal v. The State Of Bihar

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 30-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. 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).

3. 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.

4. 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.

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

6. 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/- U T