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Patna High Court

Shyam Kumar @ Shyam Kumar MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent.

Summary

Shyam Kumar sought anticipatory bail after a FIR was lodged under Sections 30(a) and 41(1) of the Bihar Excise Act alleging recovery of 22.5 litres of liquor from a location adjacent to his house. The petitioner argued that he has a clean antecedent, was not arrested at the spot, and that the recovery was not from his possession; the case was based on a secret informant and a Chowkidar’s report. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s antecedent. If any prior case is found, the bail would be cancelled; otherwise, the provisional order would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Sections 30(a) and 41(1) of the Bihar Excise Act.
  • Whether the petitioner’s clean antecedent and lack of possession justify bail.
  • Whether the conditions imposed under Section 482(2) of the BNSS are sufficient.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • secret informant
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.324 of 2026
                       Arising Out of PS. Case No.-101 Year-2025 Thana- RS P.S. District- Madhubani
                 ======================================================
                 Shyam Kumar @ Shyam Kumar Mandal S/o Sanjit Mandal @ Sanjiv Mandal
                 R/o - Behat, P.S - Jhanjharpur, District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arvind Kumar
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026               1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Rabindra Kumar.

                             2.     The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   41(1) of the Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 22.5 litres of liquor from a place near 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 even the alleged

                   recovery is from a place which does not belong to the petitioner,

                   but then is adjacent to his house and he came to be implicated at
Patna High Court CR. MISC. No.324 of 2026(2) dt.15-01-2026
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          the instance of Chowkidar and based on secret informantion. It

          is further submitted that secret information is the easiest way to

          implicate someone. It is also submitted that if the Chowkidar

          was aware about 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.

          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

          Jhanjharpur P.S. Case No. 101 of 2025, 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 even one case

          then it would be presumed that petitioner, for the purposes of
              Patna High Court CR. MISC. No.324 of 2026(2) dt.15-01-2026
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                        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 is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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