Patna High Court
Radheyshyam Mandal @ Radhey Shyam MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions.
Summary
Petitioner Radheyshyam Mandal applied for anticipatory bail after learning that he might be arrested under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged recovery of 153 litres of liquor from a corn field not belonging to him. He asserted a clean criminal record and argued that the liquor was not in his possession and that the informant who named him was not mentioned in the FIR, suggesting a flawed investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would be cancelled; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged.
- Whether the prosecution has established sufficient grounds for arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- provisional bail
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12906 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Radheyshyam Mandal @ Radhey Shyam Mandal S/O Nago Mandal @
Nageshwar Mandal R/O Village- Dubhi- Subhi, P.O- Naya Tola, P.S- Puraini,
Distt.- Madhepura, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Saurav, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 153 litres of liquor from a corn field situated near a
bus stand. 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 he came to be
implicated at the instance of local person but then name of the
Patna High Court CR. MISC. No.12906 of 2026(2) dt.10-03-2026
2/3
person, who disclosed the name of the petitioner, is not
disclosed in the FIR, which casts an aspersion on the case of the
prosecution. It is also submitted that police in order to save the
real culprits falsely implicates either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation. It is
reiterated and submitted that petitioner is a person with clean
antecedent.
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.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Additional
District & Sessions Judge-VII-cum-Exclusive Special Judge
Excise-II, Madhepura in connection with Udakishunganj
Prohibition P.S. Case No.50 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
Patna High Court CR. MISC. No.12906 of 2026(2) dt.10-03-2026
3/3
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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