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Patna High Court

Sunil MallikversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner.

Summary

The petitioner, Sunil Mallik, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the alleged liquor recovered from a bush and a motorcycle did not belong to him, that he was not arrested on the spot, and that he was falsely implicated. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a six‑week period for the trial court to verify his criminal antecedent. If the verification shows more than two prior cases, the bail will not be confirmed; if only two, it will be confirmed. The petitioner also agreed to deposit Rs.2,500 with the Patna High Court Advocate Association.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 438(2) CrPC and 482(2) of the Bihar Narcotic Substances Act.
  • Whether the petitioner’s alleged antecedent cases affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • bail conditions
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3361 of 2026
                    Arising Out of PS. Case No.-353 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
                 Sunil Mallik S/o Undev Mallik @ Kuldev Mallik R/o Village - Kasiyauna, P.S
                 - Rajnagar, District -Madhubani
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Kumari Pallavi, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  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 and

                   275 of the BNS as well as Section 30(a) of the Bihar Prohibition

                   and 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 9 litres of

                   liquor from a bush allegedly thrown by the petitioner and 108

                   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 and even the alleged

                   recovery is from a bush which does not belong to the petitioner
Patna High Court CR. MISC. No.3361 of 2026(2) dt.28-01-2026
                                            2/3




          and he has been falsely implicated that he threw the liquor and

          is not the owner of the seized vehicle and came to be implicated

          at the instance of the local person but then it is 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 for the petitioner, let 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.10,000/- (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 Rajnagar

          P.S. Case No. 353 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of more than two cases,
           Patna High Court CR. MISC. No.3361 of 2026(2) dt.28-01-2026
                                                       3/3




                     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 two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.2,500/- with the Advocate Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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