Patna High Court
Pappu Mandal @ faiza @ Pappu Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Pappu Mandal, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 33.9 litres of liquor from a motorcycle he owned. He argued that he was not in possession of the liquor, was unaware of any misuse of his vehicle by a third party, and that ownership alone should not constitute evidence against him. The State opposed his application for anticipatory bail. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 25,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further stipulated that if the petitioner is found to have more than five prior cases, the bail would not be confirmed; otherwise, the bail would be confirmed upon verification.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged possession and ownership of the vehicle.
- Whether the petitioner’s prior criminal antecedent (more than five cases) should affect the confirmation of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Section 30
- Bihar Excise Act
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15647 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- SIKTI District- Araria
======================================================
Pappu Mandal @ faiza @ Pappu Kumar Mandal S/o Sahat Lal Mandal
Resident of village- Aamgachhi, ward no 6, Police station- Sikty, District-
Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-03-2026 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
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 33.900 liters of liquor from a
motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.15647 of 2026(2) dt.16-03-2026
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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 get implicated,
it is also submitted that petitioner was completely unaware that
Ajit would misuse the vehicle in the manner as alleged who was
also apprehended 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 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.
25,000/- (Rupees Twenty 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 Sikti P.S. Case No. 13 of 2026 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 more than five
cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.15647 of 2026(2) dt.16-03-2026
3/3
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of five cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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