Created by Fuzzy Cloud

Patna High Court

Chhotu Mandal @ Chhotu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.