Created by Fuzzy Cloud

Patna High Court

Rajan MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Rajan Mandal, sought anticipatory bail after learning that he might be arrested in a case concerning the alleged recovery of 457.8 litres of liquor from two vehicles, alleged under Section 30(a) of the Bihar Excise Act. He argued that he has a clean antecedent, was not caught in possession, and was implicated based on secret information without proper investigation. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner deposits a bail bond of Rs.500 with two sureties and that the trial court verify his antecedent within six weeks. If any antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed. The petitioner was also directed to deposit Rs.1500 with the Advocates’ Association, Patna High Court.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail.
  • Whether conditions under Section 482(2) of the BNSS may be imposed on anticipatory bail.

Subjects

  • anticipatory bail
  • clean antecedent
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • high court
  • seizure of liquor
  • secret information

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2276 of 2026
                      Arising Out of PS. Case No.-319 Year-2025 Thana- PARIHAR District- Sitamarhi
                 ======================================================
                 Rajan Mandal S/o Harinarayn Mandal @ Hari Mandal R/O Village -
                 Dharharwa, ward no - 12 , P.S - Parihar, District -Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Devendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Suresh Prasad Singh, 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 is a person with clean antecedent and allegation is of

                   recovery of 457.8 liters of liquor from two vehicles.

                                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 is not the

                   owner of any of the seized vehicles and he came to be

                   implicated based on secret information which is the easiest way

                   to implicate someone without holding a proper investigation,
Patna High Court CR. MISC. No.2276 of 2026(2) dt.27-01-2026
                                            2/3




          when petitioner admittedly is a person with clean antecedent.

                       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.

          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 Parihar

          P.S. Case No. 319 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 even

          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 is a person with clean

          antecedent in that event the provisional anticipatory bail order
            Patna High Court CR. MISC. No.2276 of 2026(2) dt.27-01-2026
                                                        3/3




                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      1500/- with Advocates’ Association, Patna High Court.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.