Patna High Court

Ajad MandalversusThe State of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Ajad Mandal, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where liquor was allegedly recovered from premises not belonging to him. He argued that he had no possession of the liquor and was implicated due to an animosity with a chowkidar who lodged the FIR. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and appear before the trial court within six weeks. The order is subject to verification of his criminal antecedents; if more than two prior cases are found, the bail may be revoked, otherwise it will be confirmed. The decision rests on the powers under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
Whether the petitioner’s alleged lack of possession and the circumstances of the FIR warrant bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
Section 30
Section 482
criminal antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27420 of 2026
                    Arising Out of PS. Case No.-110 Year-2023 Thana- PIRI BAZAR District- Lakhisarai
                 ======================================================
                 Ajad Mandal S/o Yogi Mandal R/o Village - Bariarpur, P.S. - Piri Bazar, Dist.
                 - Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar
                 For the Opposite Party/s :        Ms. Asha Kumari
                 ======================================================
                 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

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 25 liters of

                   liquor from house of Sumo Devi and 15 liters of liquor from a

                   bush near field of Amreek Mahto.

                                4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.27420 of 2026(2) dt.23-04-2026
                                            2/3




          and he has no concern or relation with Sumo Devi and he came

          to be implicated at the instance of Chowkidar with whom he is

          on an inimical term. It is also submitted that if Chowkidar was

          aware of the involvement of the petitioner in the occurrence

          then why he did not inform the police prior to institution of the

          instant FIR which casts an aspersion on the case of the

          prosecution.

                       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.

          10000/- (Rupees Ten 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 Piri

          Bazar P.S. Case No. 110 of 2023 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 than two

          cases then it would be presumed that petitioner, for the purposes of
            Patna High Court CR. MISC. No.27420 of 2026(2) dt.23-04-2026
                                                        3/3




                      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 two cases only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

Continue reading with your account

Checking your session…