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Patna High Court

Mohan PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail may be granted conditionally, subject to verification of the petitioner’s criminal antecedents, under Section 438(2) of the Cr.P.C.

Summary

The petitioner, Mohan Pandey, sought anticipatory bail in a case registered under Sections 274, 275 and 3(5) of the IPC and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that the alleged liquor seizure was made from a location and vehicle not owned by him and that the complaint was motivated by a personal dispute with a chaukidar. He argued that no liquor was found in his conscious possession at the time of arrest and that the police had mechanically implicated him without proper investigation. The State opposed the bail, contending that the offences were serious and that the petitioner had a prior excise case. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 and two sureties, and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedents. The order also stipulated that if more than one antecedent case is found, the bail would not be confirmed, whereas a single antecedent would lead to immediate confirmation.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offences under the IPC and Bihar Prohibition and Excise Act.
  • Whether the alleged lack of conscious possession and ownership of the seized vehicle justify granting anticipatory bail.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • excise offences
  • liquor seizure
  • criminal antecedent
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32116 of 2026
                    Arising Out of PS. Case No.-372 Year-2025 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Mohan Pandey Son of Brijkashor Pandey @ Brajesh Pandey @ Bijkishor
                 Pandey Resident of Village- Sothgaon, Ward No. 07, P.S.- Harlakhi, Dist.-
                 Madhubani
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bhavesh Kumar Sah, Advocate
                 For the Opposite Party/s :      Mr. Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026                  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 Sections 274, 275

                   and 3(5) of the Indian Penal Code as well as Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 315 litres of liquor from seven sacks

                   near Kamtaul Manokama Temple and 18.75 litres of liquor from

                   a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted
Patna High Court CR. MISC. No.32116 of 2026(2) dt.13-05-2026
                                            2/3




          that petitioner is not the owner of the seized vehicle and even

          the alleged recovery is from a place which does not belong to

          the petitioner and he came to be implicated at the instance of the

          Chawkidar with whom he is on an inimical term. It is next

          submitted that once an accused is implicated in a case relating to

          excise the police start implicating mechanically either at the

          instance of the Chawkidar, local person, confessional statement

          or secret information without holding a proper investigation of

          the case.

                       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.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 Harlakhi P.S. Case

          No. 372 of 2025 arising out of G.R. Case No. 05 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.
           Patna High Court CR. MISC. No.32116 of 2026(2) dt.13-05-2026
                                                       3/3




                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of more than 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 has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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