Patna High Court
Dinesh Mandal @ Dinesh Kumar Mandal@ Dinesh Kumr MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedents.
Summary
The petitioner, Dinesh 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 several locations not owned by him. He argued that the recovery was based solely on a confessional statement of another accused taken in police custody, which he claimed lacked evidentiary value, and that the concept of deemed possession had been removed by the 2018 amendment. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and two sureties, directing the trial court to verify the petitioner’s antecedents before confirming the bail. If any prior case is found, the bail will not be confirmed; if his antecedents are clean, the bail will be confirmed immediately. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- What is the applicability of anticipatory bail in offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
- Does a confessional statement made by a co‑accused in police custody constitute sufficient ground for arrest in the absence of other evidence?
- Has the concept of deemed possession been abolished by the 2018 amendment, affecting the presumption of guilt?
- Should the petitioner’s clean criminal antecedent merit the grant of anticipatory bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- deemed possession
- confessional statement
- clean antecedent
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17471 of 2026
Arising Out of PS. Case No.-254 Year-2025 Thana- MADHEPUR District- Madhubani
======================================================
Dinesh Mandal @ Dinesh Kumar Mandal@ Dinesh Kumr Mandal S/O
Mishrilal Mandal R/O Vill.- Laxmipur Nawada, P.s.- Madhepur, Dist.-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat
For the Opposite Party/s : Mr. Amitesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 197.28 litres of liquor from house of Ashok and
Devilal, 144 litres of liquor from an old semi-constructed house
of Dobhi Mahto, 237 litres of liquor from bushes situated at
open premises of Bikau Ram and 36 litres of liquor from a place
near boundary wall of the house of Dobhi Dharikar. It is next
submitted that petitioner was not arrested from the spot as such
Patna High Court CR. MISC. No.17471 of 2026(2) dt.19-03-2026
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nothing was recovered from his conscious possession and even
alleged recovery is from a place which does not belong to the
petitioner and he has no concern or relation with the named
accused persons in the FIR and he came to be implicated based
on confessional statement of Ashok in police custody which
does not have any evidentiary value. It is also submitted that
after amendment in the Excise Act in the year 2018, the concept
of deemed possession and presumed offender has been done
away with.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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 Madhepur P.S. Case No.254/2025 (G.R.
No.795/2025), subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, 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 but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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