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Patna High Court

Neeraj Mandal @ Neeraj Kumar Chauhan @ Neeraj ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent and compliance with bail conditions.

Summary

The petitioner, Neeraj Mandal, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 40 litres of liquor from his house and 10 litres from a motorcycle. He contended that he was not in actual possession, the house was a joint family property, and he did not own the motorcycle, arguing that the 2018 amendment to the Excise Act removed the concepts of deemed possession and presumed offender. The State opposed the bail, citing his prior involvement in an excise case. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.5,000 bail bond with two sureties, subject to verification of his criminal antecedent by the trial court. The order stipulated that if more than one prior case is found, the bail may be cancelled, whereas confirmation will follow if only one antecedent is verified.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite alleged possession of liquor under Section 30(a) of the Bihar Excise Act.
  • Whether the amendment removing deemed possession and presumed offender affects the bail application.
  • Whether the petitioner’s prior criminal antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • criminal antecedent
  • Section 30
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13407 of 2026
                         Arising Out of PS. Case No.-221 Year-2025 Thana- R S P.S. District- Araria
                 ======================================================
                 Neeraj Mandal @ Neeraj Kumar Chauhan @ Neeraj Chauhan S/o Late Ram
                 Ji Chauhan R/o Village - Hridaypur, Ward No. 05, P.S - Araria (R.S), District -
                 Araria

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Kundan Kumar Singh, Adv
                 For the Opposite Party/s :         Mr.Shyam Bihari Singh, APP
                 ======================================================
                 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 30(a) of the

                   Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 40 litres of liquor from the house of

                   the petitioner and 10 litres of liquor from a motorcycle.

                             4.     Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized motorcycle and the house in question is a joint family
Patna High Court CR. MISC. No.13407 of 2026(2) dt.10-03-2026
                                            2/3




          property as such it cannot be alleged with certainty that it was

          petitioner who had kept the liquor in the house or the liquor kept

          in the house was within knowledge of the petitioner. It is next

          submitted that after amendment in the Excise Act in the year

          2018, the concept of deemed possession and presumed offender

          has been done away with and he came to be implicated based on

          suspicion merely for the reason that he has antecedent of one

          case under the Excise which amply demonstrates that police in a

          mechanical manner investigates and implicates.

                   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, the petitioner above-named, in the event

          of his arrest or surrender before the learned trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees

          Five 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 R.S. (Araria) P.S. Case

          No. 221 of 2025, subject to the conditions as laid down under

          Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the
              Patna High Court CR. MISC. No.13407 of 2026(2) dt.10-03-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of more than one

                        case then it would be presumed that petitioner, for the purposes of

                        seeking anticipatory bail, had concealed his antecedent before this

                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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