Patna High Court
Awadhesh MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail, subject to verification of the petitioners' antecedent, under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
Awadhesh and Lalbabu Mandal were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 4.35 litres of liquor recovered from two motorcycles. They argued they had no conscious possession, were not arrested on the spot, and that their names were derived from a confessional statement of another accused, which they claimed lacks evidentiary value. They also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed their anticipatory bail application. The High Court, considering these submissions, granted provisional anticipatory bail subject to a modest bond and two sureties, directing the trial court to verify their criminal antecedent before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the circumstances alleged.
- Whether the alleged recovery of liquor constitutes possession under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether a confessional statement of another accused can be used to name the petitioners.
- Effect of the 2018 amendment removing deemed possession on the bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- deemed possession
- excise law
- clean antecedent
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24869 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- SUPPI District- Sitamarhi
======================================================
1. Awadhesh Mandal S/o Late Hari Mandal R/o vill - Rajpur, P.S.- Suppi,
Distt.- Sitamarhi
2. Lalbabu Mandal S/o Late Hari Mandal R/o vill - Rajpur, P.S.- Suppi, Distt.-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 1. Heard learned counsel for the petitioners and Mr.
Chandra Bhushan Prasad, learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 4.35 litres of liquor from two motorcycles.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession. It is further
submitted that petitioner no. 2 came to be implicated based on
the fact that a mobile was found which he claims to have sold it
Patna High Court CR. MISC. No.24869 of 2026(2) dt.21-04-2026
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to Sujit earlier and petitioner no. 1 is not the owner of any of the
seized vehicles. It is next submitted that name of the petitioners
transpired based on the confessional statement of apprehended
accused in police custody which does not have any evidentiary
value in the eye of law. 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.
5. Mr. Chandra Bhushan Prasad, learned A.P.P. for the
State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their 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) each 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
Suppi P.S. Case No. 49 of 2026, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioners
and if it is found that petitioners have antecedent of even one
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case, it would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioners are persons with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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