Patna High Court
RATAN MANDALversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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
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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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