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Patna High Court

Anil MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedent.

Summary

The petitioner, Anil Mandal, was implicated in a case alleging possession of 270.420 litres of liquor recovered from his joint family house, invoking Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He applied for anticipatory bail, contending that he had no direct possession, the property is jointly owned, and that the 2018 amendment to the Excise Act abolished the doctrine of deemed possession. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s criminal antecedent, with the order to be confirmed if he is found to have a clean record. The order also provides that the bail may be withdrawn if any antecedent is discovered.

Issues considered

  • Whether anticipatory bail is appropriate where the alleged offence involves alleged possession of liquor under the Bihar Prohibition and Excise Act and the Bihar Narcotic Substances Act.
  • Whether the doctrine of deemed possession applies after the 2018 amendment to the Excise Act.
  • Whether the petitioner’s claim of clean antecedent and lack of direct possession warrants grant of bail.
  • Whether the State’s opposition is sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • joint family property
  • liquor seizure
  • excise law
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14447 of 2026
                    Arising Out of PS. Case No.-282 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
                 Anil Mandal S/o Ritlal Mandal R/o Village - Ghiwahi, P.S - Rajnagar, District
                 - Madhubani
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :      Mr. Bishweshwar Ram, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                   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 274, 275

                   and 3(5) of the BNS as well as Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 270.420 litres of liquor from the house of the

                   petitioner.

                                 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 the house in question is a joint family property, as such, it

                   cannot be alleged with certainty that it was the petitioner who
Patna High Court CR. MISC. No.14447 of 2026(2) dt.13-03-2026
                                            2/3




          had kept the liquor in the house or the liquor kept in the house

          was within his knowledge and after amendment in the Excise

          Act in the year 2018, the concept of deemed possession and

          presumed offender has been done away with. It is next

          submitted that petitioner came to be implicated based on the

          secret information which is the easiest way to implicate

          someone without holding a proper investigation of the case.

                       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.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 Rajnagar P.S. Case No. 282 of 2025, 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 even one case, it
           Patna High Court CR. MISC. No.14447 of 2026(2) dt.13-03-2026
                                                       3/3




                     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 petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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