Patna High Court
Naresh MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
Naresh Mandal applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 138 litres of liquor were allegedly recovered from a mango orchard owned by Ramdas, a place unrelated to the petitioner. The petitioner argued that he was not caught in possession, had no connection to the orchard, and was implicated solely on secret information without proper investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner deposit a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedent within six weeks. If more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the provisional bail would be confirmed. The petitioner was also directed to deposit Rs.2,500 with the Advocates’ Association, Patna High Court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor from a location unrelated to the petitioner justifies denial of bail.
- Whether the trial court should verify the petitioner’s criminal antecedent before confirming anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- secret information
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2162 of 2026
Arising Out of PS. Case No.-340 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Naresh Mandal Son of Premlal Mandal Resident of Village- Bhuiya Sthan,
P.S.- Sadar, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 one case under the excise act and
allegation is of recovery of 138 liters of liquor from a Mango
orchard of Ramdas.
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 even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.2162 of 2026(2) dt.27-01-2026
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and petitioner has no concern or relation with Ramdas and he
came to be implicated based on secret information which is the
easiest way to implicate someone. It is also 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.
5,000/- (Rupees 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
Darbhanga Sadar P.S. Case No. 340 of 2025 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
Patna High Court CR. MISC. No.2162 of 2026(2) dt.27-01-2026
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than one case 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 one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2,500/- with Advocates’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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