Patna High Court
Anil MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 The order also provides that the bail may be withdrawn if any antecedent is discovered.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
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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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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