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Patna High Court

Parmeshwar Mandal @ Rahul KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedent, with confirmation contingent on the number of prior cases.

Summary

The petitioner, Parmeshwar Mandal, sought anticipatory bail fearing arrest in a case under Section 420 IPC and several provisions of the Bihar Prohibition and Excise (Amendment) Act, 2022 concerning the alleged recovery of 177.20 litres of liquor from a vehicle he did not own. He argued that the police had relied on a confessional statement of another accused in custody, which he claimed lacked evidentiary value, and that he had no conscious possession of the liquor. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.20,000 bond, two sureties, and verification of the petitioner’s criminal antecedent within six weeks. If the petitioner is found to have more than four prior cases, the bail will not be confirmed; if only four, it will be confirmed. The order was made under Section 438(2) of the CrPC and Section 482(2) of the Bihar Narcotic and Substance (B.N.S.S.) Act.

Issues considered

  • What is the applicability of anticipatory bail under Section 438 CrPC to the petitioner?
  • Whether the confessional statement of a co-accused can be the basis for arrest in the present case?
  • Whether the petitioner’s criminal antecedent exceeding four cases would bar confirmation of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • criminal antecedent
  • excise law
  • confessional statement
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13055 of 2026
                     Arising Out of PS. Case No.-211 Year-2022 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Parmeshwar Mandal @ Rahul Kumar S/o Binod Mandal R/o - Ramji Khani,
                 P.O and P.S - Dumka, District - Dhanbad
                                                                      ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kuldeep Thakur, Advocate
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 420 of the

                   Indian Penal Code as well as Sections 30(a), 32(1)(ii) and 41(1)

                   (ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases and allegation is of

                   recovery of 177.20 litres of liquor from a Scorpio.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of

                   apprehended accused in police custody which does not have any
Patna High Court CR. MISC. No.13055 of 2026(2) dt.10-03-2026
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          evidentiary value in the eye of law. It is next submitted that off

          late the police in a mechanical manner implicate accused in

          cases relating to excise who carry antecedent.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner, above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Trial Court where the case is pending/Successor

          Court in connection with Chautham P.S. Case No. 211 of 2022,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than four cases,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that
           Patna High Court CR. MISC. No.13055 of 2026(2) dt.10-03-2026
                                                       3/3




                     petitioner has antecedent of only four cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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