Patna High Court
Deepak MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, as he was not found in possession of any incriminating article and had a clean antecedent.
Summary
The petitioner, Deepak Mandal, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where police seized foreign liquor and a motorcycle from a shop. The prosecution’s case was based on a raid that recovered liquor from an accused, Ashish Kumar, and a motorcycle that the petitioner owned but was not found in his possession. The petitioner argued that he had no incriminating articles, was not named in the FIR initially, and had a clean antecedent, contending that his only connection was ownership of the seized motorcycle. The court examined these facts, noting the lack of direct involvement and the petitioner’s clean record, and applied Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It granted anticipatory bail subject to conditions including bail bonds, sureties, personal presence at trial, and verification of antecedents. The order clarified that its observations would not affect the trial and the application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the facts of the case.
- Whether the petitioner’s ownership of the seized motorcycle, without possession of liquor, suffices to justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- Bihar Prohibition and Excise Act
- seizure of motor vehicle
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33749 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- Champanagar District- Purnia
======================================================
Deepak Mandal, Son of Surendra Mandal, Resident of Village- Prasadpur,
P.S.- K. Nagar (Champa Nagar), District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bidhu Ranjan, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 20-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner is apprehending his/her arrest in
connection with Champa Nagar P.S. Case No. 30 of 2026
registered for the offence(s) under Section(s) 30(a) of Bihar
Prohibition and Excise Act.
3. As per the prosecution case, the informant has
received a secret information that a person namely, Chhotu
Kumar is selling foreign liquor from his shop. A raid was
conducted and on seeing the police, 4-5 persons fled away from
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the place of occurrence and one person was apprehended, who
disclosed his name as Ashish Kumar. A motorcycle was also
recovered from the place of occurrence and the same was
seized. While on search, 1.5 liters of foreign liquor was
recovered from the conscious physical possession of the
apprehended accused, namely, Ashish Kumar.
4. The learned counsel for the petitioner submits that
the petitioner was not apprehended with any incriminating
article or illicit liquor and has been named as accused only
because he is the owner of the alleged seized motorcycle which
was found parked at the shop of apprehended accused person. It
has further been submitted that the petitioner was not initially
named in the FIR, but subsequently his name has surfaced being
the owner of the alleged seized motorcycle. It has next been
submitted that no recovery has been made from the seized
motorcycle rather the same has been made from the possession
of the apprehended accused, namely, Ashish Kumar. It has lastly
been submitted that the petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
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case and the submissions advanced on behalf of the parties, let
the petitioner, above-named, be released on anticipatory bail, in
the event of his/her arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his/her furnishing bail bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the concerned Court/successor Court
where the case is pending in connection with Champa Nagar
P.S. Case No. 30 of 2026, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure, 1973
read with corresponding Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to
the following conditions :
(i) One of the bailors of the petitioner shall be
his/her close relative and the other shall be a local
resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioner will be liable to be cancelled by the
concerned Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he/she has concealed his/her criminal
antecedents, the Court concerned shall take necessary
steps for cancellation of his/her bail bond. However, the
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acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
krishna/deepak/-
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