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Patna High Court

Raja Kumar MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A person who is merely the owner of a vehicle from which liquor is seized, without being in possession or having prior criminal antecedent, is entitled to anticipatory bail subject to verification of antecedents.

Summary

The petitioner, Raja Kumar Mandal, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 after 159 litres of liquor were recovered from a Tata Magic vehicle he owned. He argued that he had no prior criminal record, was not arrested at the spot, and had no conscious possession of the liquor, asserting that the vehicle was misused by another individual, Rajiv Kumar Das. The State opposed the anticipatory bail application. The Court, noting the petitioner’s clean antecedent and lack of direct involvement, granted provisional anticipatory bail subject to a bail bond and two sureties, and directed verification of his criminal record. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the seizure of liquor from his vehicle
  • Whether the petitioner’s lack of direct possession and clean antecedent justify granting bail
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate

Legislation cited

Subjects

  • anticipatory bail
  • prohibition act
  • excise
  • vehicle ownership
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13506 of 2026
                       Arising Out of PS. Case No.-1132 Year-2024 Thana- Excise P.S. District- Jamui
                 ======================================================
                 Raja Kumar Mandal Son of Rameshwar Mandal @ Kameshvar Mandal
                 Resident of Village- Singardih P.S- Rikhiya District- Deoghar, Jharkhand

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Dipak Kumar, Advocate
                 For the Opposite Party/s :         Mr. Md. Shakir Ahmad, 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 offence 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 159 litres of liquor from a Tata Magic vehicle. It is

                   next submitted that petitioner was not arrested from the spot, as

                   such, nothing was recovered from his conscious possession and

                   he came to be implicated based on the fact that he is owner of

                   the seized vehicle. It is next submitted that no prudent person

                   would use his own vehicle for committing an occurrence and

                   thus, would create evidence against himself and hence, would
Patna High Court CR. MISC. No.13506 of 2026(2) dt.10-03-2026
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          get implicated. It is also submitted that petitioner was

          completely unaware that Rajiv Kumar Das would misuse the

          vehicle in the manner as alleged, who was also apprehended

          from the spot.

                       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 Exclusive Excise

          Court-II, Jamui in connection with Jamui Prohibition P.S. Case

          No. JAM 1132/24, 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

          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
               Patna High Court CR. MISC. No.13506 of 2026(2) dt.10-03-2026
                                                           3/3




                         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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