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Patna High Court

Govinda Mandal @ Gobinda MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to bail bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Govinda Mandal, was implicated in a case under Sections 30(a), 41 and 47 of the Bihar Excise Act for the alleged recovery of 50.865 litres of liquor from a Toto vehicle he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was unaware that the driver, Shankar, misused his vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent. If any prior case is found, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order is subject to the provisions of Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances.
  • Whether ownership of the vehicle alone suffices to justify arrest under the Bihar Excise Act.
  • Whether the petitioner’s clean antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • criminal antecedent
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13635 of 2026
                         Arising Out of PS. Case No.-288 Year-2025 Thana- BAISI District- Purnia
                 ======================================================
                 Govinda Mandal @ Gobinda Mandal S/o Nishi Mandal Resident of Village-
                 Asuragar Golapokhar II, P.S.- Goalpokhar, District- Uttar Dinajpur (W.B.)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Avnish Kumar
                 For the Opposite Party/s :        Mr.Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026               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 Sections 30(a), 41

                   and 47 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 50.865 litres of liquor from a Toto vehicle.

                             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 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
Patna High Court CR. MISC. No.13635 of 2026(2) dt.12-03-2026
                                            2/3




          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Shankar would misuse the vehicle in the manner as alleged,

          who was also apprehneded from the spot.

                   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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Baisi P.S. Case No. 288 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

          event if it is found that petitioner has antecedent of even 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 is a

          person with clean antecedent in that event the provisional
              Patna High Court CR. MISC. No.13635 of 2026(2) dt.12-03-2026
                                                          3/3




                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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