Patna High Court
Uday MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS.
Summary
The petitioner, Uday Mandal, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 57 litres of liquor from a location not belonging to him. He contended that he was not caught in possession, that the complaint was filed by a hostile chowkidar, and that the police had not conducted a proper investigation. The State opposed the bail. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 with two sureties and appear before the trial court within six weeks. The court directed the trial court to verify the petitioner’s criminal antecedent and stipulated that if more than four prior cases are found, the bail would not be confirmed. The order thus provides conditional relief pending further verification.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged lack of possession and the circumstances of the FIR warrant bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30
- Section 482
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16173 of 2026
Arising Out of PS. Case No.-313 Year-2025 Thana- Rangara District- Bhagalpur
======================================================
Uday Mandal Son of Ram Bachan Mandal @ Rambehan Mandal @ Buchli
Mandal Resident of Village- Simirya/Simariya Tola, Post- Bimdas Tola,
Tintanga, P.S.- Rangra, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrendra Kumar
For the Opposite Party/s : Ms.Nirmala Kumari
======================================================
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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 57 litres of liquor from Basa of Buto
Mandal.
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 even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.16173 of 2026(2) dt.17-03-2026
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and petitioner has no concern or relation with Buto Mandal and
he came to be implicated at the instance of Chowkidar with
whom he is on an inimical term. It is next submitted that if the
Chowkidar was aware about the involvement of the petitioner in
the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution. It is further submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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. 20,000/- (Rupees
Twenty 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 Rangra P.S. Case No.
313 of 2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
Patna High Court CR. MISC. No.16173 of 2026(2) dt.17-03-2026
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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 four
cases 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 has
antecedent of four cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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