Patna High Court
Dilip Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 54 litres of liquor from a motorcycle. The petitioner argued that he had a clean antecedent, was not in possession of the seized vehicle, and that the only evidence against him was a confessional statement made by another accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the allegations warranted detention. The Court, noting the amendment to the Excise Act that removed the concepts of deemed possession and presumed offender, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and two sureties, subject to verification of his antecedent. The order further stipulated that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act.
- Whether a confessional statement of a co-accused made in police custody can be relied upon to deny bail.
- Effect of the amendment to the Excise Act removing deemed possession and presumed offender concepts on bail considerations.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Section 30(a)
- confessional statement
- deemed possession
- presumed offender
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23475 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- NADI District- Supaul
======================================================
Dilip Kumar Mandal, S/o Pavan Mandal @ Pavan Kumar @ Pavan Kumar
Mandal Resident of village - Mungraha Ward No. 14, P.S - Supaul, Nadi
Thana, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shatrughna Pandey
For the Opposite Party/s : Mr.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 54 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized motorcycle and he came to be implicated based on
confessional statement of Mahesh in police custody, which does
Patna High Court CR. MISC. No.23475 of 2026(2) dt.09-04-2026
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not have any evidentiary value. It is further submitted that after
Amendment in the Excise Act, 2018, the concept of deemed
possession and presumed offender has been done away with.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Supaul Nadi P. S. Case No.102 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.23475 of 2026(2) dt.09-04-2026
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in that event, the present 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)
vikash/-
U T
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