Patna High Court
Awdesh MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to petitioner no.1 subject to bond and verification of antecedents, and allowed the withdrawal of the anticipatory bail application for petitioner no.2.
Summary
Awdesh Mandal and Muntun Mandal filed an anticipatory bail application in a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, alleging recovery of 57.75 litres of liquor from a potato field not belonging to the petitioner. The petitioners sought to withdraw the anticipatory bail application for petitioner no.2, who had already been arrested, and the court granted permission to do so. For petitioner no.1, the court noted the lack of seizure from his possession, the reliance on secret information, and his prior two cases under the Excise Act. The court conditionally granted provisional anticipatory bail to petitioner no.1, requiring a bail bond of Rs.10,000 with two sureties and subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S. If more than two prior cases are found, the bail would be cancelled; otherwise it would be confirmed. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail should be granted to petitioner no.1 in the excise case.
- Whether the anticipatory bail application for petitioner no.2 can be withdrawn after his arrest.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for confirming or cancelling the provisional bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- withdrawal of bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16472 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
1. Awdesh Mandal Son of Munchun Mandal Resident of Village- Runisaidpur
Ghat, ward no. 11, PS -Runisaidpur, District- Sitamarhi
2. Muntun Mandal @ Manchun Mandal Son of Mithu Mandal Resident of
Village- ward no. 11, PS -Runisaidpur, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhusudan Rai
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioners at the outset
seeks permission to withdraw the anticipatory bail application
with respect to petitioner no.2, who was arrested during
pendency of the instant anticipatory bail application.
3. Permission is accorded.
4. The petitioner no.1 apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Amendment Act, 2022.
5. Learned counsel for the petitioner submits that
petitioner no.1 has antecedent of two cases under the Excise Act
Patna High Court CR. MISC. No.16472 of 2026(3) dt.06-04-2026
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and allegation is of recovery of 57.75 litres of liquor from a
Potato field. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner and is accessible to villagers at
large and he came to be implicated at the instance of local
person but then the name of person who disclosed the name of
petitioner is not disclosed in the FIR, which casts an aspersion
on the case of the prosecution, when petitioner has not been
implicated based on secret information. It is also submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either through chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. Considering the submissions made by the learned
counsel for the petitioner, the petitioner no.1, 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
Patna High Court CR. MISC. No.16472 of 2026(3) dt.06-04-2026
3/3
learned trial court where the case is pending/successor court in
connection with Runisaidpur P.S. Case No.16/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
8. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedent of the petitioner
and in the event if it is found that petitioner no.1 has antecedent
of more than two cases in that event, it would be presumed that
petitioner had concealed his antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that petitioner
no.1 has antecedent of two cases, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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