Patna High Court
Neeraj Mandal @ Neeraj Kumar Chauhan @ Neeraj ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
Checking your session…