Patna High Court
Sanjit Mandal @ Sanjit Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner's antecedent.
Summary
Petitioner Sanjit Mandal sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging recovery of 15.465 litres of liquor from his joint family house. He argued that the liquor was not found in his conscious possession, the house being a joint family property, and that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and sureties, and that the trial court verify his criminal antecedent within six weeks. If more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged liquor was not in the petitioner's conscious possession.
- Effect of the 2018 amendment removing deemed possession on the grant of anticipatory bail.
- Conditions to be imposed on provisional anticipatory bail pending verification of antecedents.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- Section 30
- Bihar Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27224 of 2026
Arising Out of PS. Case No.-111 Year-2026 Thana- BABUBARHI District- Madhubani
======================================================
Sanjit Mandal @ Sanjit Kumar Mandal S/o- Harinandan Mandal Resident of
Village- Dhamoura, P.S.- Babubarhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 15.465 litres of liquor from the
house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and the house in
question is a joint family property as such it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.27224 of 2026(2) dt.23-04-2026
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the house or the liquor kept in the house was within knowledge
of the petitioner. It is next 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 and
he came to be implicated based on secret information which is
the easiest way to implicate someone without holding a proper
investigation.
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 for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five 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
Babubarhi P.S. Case No. 111 of 2026, subject to the conditions
as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
Patna High Court CR. MISC. No.27224 of 2026(2) dt.23-04-2026
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than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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