Patna High Court
Lilat Mandal @ Lalit MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioner’s antecedent.
Summary
The petitioner, Lilat Mandal, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 131.015 litres of liquor from an under‑construction house. He argued that he has a clean criminal record, that the liquor was not in his conscious possession, and that the house was vacant, suggesting that someone hostile to his family may have concealed the liquor. The State opposed the bail, contending that the offence warranted detention. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties of the same amount, subject to verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the facts—absence of conscious possession and clean antecedent—justify the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- provisional bail
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25817 of 2026
Arising Out of PS. Case No.-235 Year-2026 Thana- KATIHAR NAGAR District- Katihar
======================================================
Lilat Mandal @ Lalit Mandal S/O Uttam Mandal R/O Koria Patti, Hariganj
Chowk, P.S- Nagar, Distt.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 131.015 litres of liquor from an under constructed
house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and the house was
under construction, as such, no one was staying in the house and
thus was accessible to villagers at large and it appears that some
one inimical to the family concealed the liquor in the house
Patna High Court CR. MISC. No.25817 of 2026(2) dt.22-04-2026
2/3
which was under construction. It is further submitted that no
prudent person would use his own premises for committing an
occurrence and, thus, would create evidence against himself
and, hence, would get implicated. It is next submitted that
petitioner came to be implicated based on the secret information
which is the easiest way to implicate someone without holding a
proper investigation of the case, 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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his 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) 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 Katihar Town P.S.
Case No. 235 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 petitioner
Patna High Court CR. MISC. No.25817 of 2026(2) dt.22-04-2026
3/3
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
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
petitioner is a person 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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