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Patna High Court

Gore Lal MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail, holding that mere ownership of the vehicle without conscious possession or prior criminal antecedent does not preclude bail.

Summary

Gore Lal Mandal was implicated in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2018 for the alleged recovery of 27 litres of liquor from a car he owned. He argued that he had no conscious possession of the liquor, was not arrested at the spot, and was unaware that the driver, Saurav Kumar, misused his vehicle. The State opposed his application for anticipatory bail. The Court noted the petitioner’s clean antecedent, the lack of direct possession, and the principle that mere ownership of a vehicle does not automatically create culpability. Accordingly, the Court granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s criminal record. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code.
  • Whether ownership of the vehicle used in the alleged offence suffices to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • possession
  • vehicle ownership
  • Bihar Prohibition and Excise Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34944 of 2026
                     Arising Out of PS. Case No.-14 Year-2026 Thana- RATWARA District- Madhepura
                 ======================================================
                 Gore Lal Mandal Son of Lucho Mandal Resident of Village- Bari Fatoria
                 Ward No. 04, P.S.- Ratwara, District- Madhepura
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Pooja Prasad, Advocate
                 For the Opposite Party/s :      Mr. Khurshid Anwar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-06-2026                  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 30(a) and

                   41 of the Bihar Prohibition and Excise Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 27 litres of liquor from a car.

                                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

                   that petitioner came to be implicated based on the fact that he is

                   owner of the seized vehicle. It is next submitted that no prudent

                   person would use his own vehicle for committing an occurrence

                   and, thus, would create evidence against himself and, hence,
Patna High Court CR. MISC. No.34944 of 2026(2) dt.29-06-2026
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          would get implicated. It is also submitted that petitioner was

          completely unaware that Saurav Kumar would misuse the

          vehicle in the manner as alleged who was also apprehended

          from the spot along with Vidyanand Kumar, Sanoj Kumar and

          Vikram Kumar.

                       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.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 Ratwara P.S. Case

          No. 14 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.

                       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 even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.34944 of 2026(2) dt.29-06-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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