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Patna High Court

Laxman MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to statutory conditions and verification of his antecedents.

Summary

The petitioner, Laxman Mandal, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where liquor was allegedly recovered from his house and a co‑resident's house. He argued that he was not arrested on the spot, that the liquor was in joint family property and thus not his conscious possession, and that the 2018 amendment had abolished the doctrine of deemed possession and presumed offender. He further contended that the only evidence against him was a confession by his wife made while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Instruments (Security) Act, with a further verification of his criminal antecedents.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the confession of the petitioner’s wife made in police custody is admissible as evidence.
  • Whether the concept of deemed possession under the Excise Act applies post‑2018 amendment.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confession in custody
  • joint family property
  • Section 30
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15920 of 2026
                 Arising Out of PS. Case No.-24 Year-2026 Thana- GHANSHYAMPUR District- Darbhanga
                 ======================================================
                 Laxman Mandal S/O Gokul Mandal Resident of Village- Punhad, Police
                 Station- Ghanshyampur, District- Darbhanga
                                                                     ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :     Mr. Akbar Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 25.380

                   litres of liquor from the house of the petitioner and 14.940 litres

                   of liquor from the house of Neelu Devi.

                                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.15920 of 2026(2) dt.17-03-2026
                                            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

          confessional statement of his wife Purnima Devi in police

          custody which does not have any evidentiary value in the eye of

          law. It is also submitted that once an accused is implicated in a

          case relating to excise the police start implicating mechanically

          either at the instance of the Chawkidar, local person, secret

          information or confessional statement without holding a proper

          investigation of the case. It is submitted that no wife would

          implicate her own husband until coerced.

                       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.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Trial Court where the case is pending/Successor
           Patna High Court CR. MISC. No.15920 of 2026(2) dt.17-03-2026
                                                       3/3




                     Court in connection with Ghanshyampur P.S. Case No. 24 of

                     2026, 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 more than two cases,

                     it 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 has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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