Patna High Court
Chhotu Mandal @ Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted pending verification of the petitioner’s criminal antecedents, with the bail to be confirmed only if the antecedent count does not exceed five cases.
Summary
The petitioner, Chhotu Mandal, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the alleged recovery of liquor was from a premises unrelated to him and based solely on a confessional statement made in police custody. He also highlighted his prior criminal record of five cases, four of which were under the Excise Act, and argued that the police had not conducted a proper investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties and directed verification of his antecedents. The order stipulated that if more than five prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed, granting the petitioner provisional anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the confessional statement made in police custody can form the basis for arrest without other corroborative evidence.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1075 of 2026
Arising Out of PS. Case No.-289 Year-2025 Thana- Excise P.S. District- Madhepura
======================================================
Chhotu Mandal @ Chhotu Kumar S/O Late Ramnath Mandal R/o Vill-
Murliganj, Ward No-4, P.S-Murliganj, Dist-Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Wasi Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 45
litres of liquor from house of Kajal Devi. It is next submitted
that petitioner was not arrested from the spot, as such, nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and petitioner has no relation or concern with Kajal Devi but
then he came to be implicated based on confessional statement
Patna High Court CR. MISC. No.1075 of 2026(2) dt.20-01-2026
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of Kajal Devi in police custody which does not have any
evidentiary value. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.25,000/- (Rupees Twenty Five Thousnd) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-cum-Special Excise Judge-II,
Madhepura in connection with Madhepura Excise P.S. Case
No.289 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
Patna High Court CR. MISC. No.1075 of 2026(2) dt.20-01-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than five cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only five cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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