Patna High Court
Shyam Kumar @ Shyam Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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