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Patna High Court

Mithu Kumar Mandal @ Nitish Kumar Mandal @ MithuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to bond and verification of antecedents.

Summary

Mithu Kumar Mandal 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 24.09 litres of liquor from his motorcycle. The petitioner argued that he was not arrested at the spot, had no conscious possession of the liquor, and was unaware that his vehicle would be misused. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if the petitioner is found to have more than three prior cases, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether ownership of the vehicle used in the alleged offence implicates the petitioner for bail purposes.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • vehicle ownership
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24421 of 2026
                    Arising Out of PS. Case No.-36 Year-2025 Thana- BALUA BAZAR District- Supaul
                 ======================================================
                 Mithu Kumar Mandal @ Nitish Kumar Mandal @ Mithu Son of Dasrath
                 Mandal Resident of village - Balua Bazar, Police Station - Balua Bazar,
                 District - Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arun .
                 For the Opposite Party/s :      Mr.Pranav Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  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 has antecedent of three cases out of which one

                   case is under the Excise Act and allegation is of recovery of

                   24.09 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 he came to be

                   implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.24421 of 2026(2) dt.20-04-2026
                                            2/3




          motorcycle. It is next submitted that no prudent person would

          use his own vehicle for committing a crime and thus, would

          create evidence against himself and hence, would get

          implicated. It is further submitted that petitioner was completely

          unaware that Parmanand Kumar would misuse the vehicle in the

          manner as alleged as he was also apprehended at the spot.

                       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.15,000/- (Rupees Fifteen 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 Balua Bazar P. S. Case No.36 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
               Patna High Court CR. MISC. No.24421 of 2026(2) dt.20-04-2026
                                                           3/3




                         found that petitioner has antecedent of more than three cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of three cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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