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Patna High Court

RATAN MANDALversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail should be granted, subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Ratan 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 25 litres of liquor from his premises. He argued that he has a clean antecedent, the liquor was found in a public area (bansa) outside his house, and the complaint was filed by a hostile watchman, casting doubt on the prosecution's case. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent. It clarified that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of an offence under Section 30(a) of the Excise Act.
  • Whether the circumstances of alleged possession of liquor in a public area justify denial of bail.
  • Whether the petitioner’s criminal antecedent, if any, affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Excise Act
  • Section 438 CrPC
  • bail conditions
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26592 of 2026
                       Arising Out of PS. Case No.-27 Year-2026 Thana- KURSAILA District- Katihar
                 ======================================================
                 RATAN MANDAL S/o Ashok Mandal @ Asho R/o village- Chaitola, P.S.-
                 Kursela, District- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Diwakar Upadhyaya
                 For the Opposite Party/s :        Mr.Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  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 25 litres of liquor from bansa of the petitioner.

                                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 Bansa is a place

                   outside the house and thus is accessible to public at large. It is

                   also submitted that no prudent person would use his own

                   premises for committing a crime and thus, would create
Patna High Court CR. MISC. No.26592 of 2026(2) dt.22-04-2026
                                            2/3




          evidence against himself and hence, would get implicated and

          he came to be implicated at the instance of Chaukidar with

          whom he is on an inimical term. It is further submitted that if

          Chaukidar was aware of the involvement of the petitioners in

          the occurrence, then why he did not inform the police prior to

          institution of the present F.I.R., which casts an aspersion on the

          case of the prosecution.

                       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

          Kursela P. S. Case No.27 of 2026, 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
               Patna High Court CR. MISC. No.26592 of 2026(2) dt.22-04-2026
                                                           3/3




                         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,

                         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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