Patna High Court
Mittal Mandal @ Mital Kumar @ Mital MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions imposed.
Summary
The petitioner, Mittal Mandal, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 3.9 liters of liquor from a public place near his residence. He claimed a clean antecedent and argued that no liquor was found in his possession and that the alleged recovery occurred at a location not owned by him, based solely on secret information. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail, requiring a bail bond of Rs. 500 with two sureties, subject to verification of his criminal antecedent by the trial court. If any prior case is found, the bail will not be confirmed; otherwise, the provisional order will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act
- Whether the conditions imposed under Section 482(2) of the BNSS are satisfied
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- high court
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37953 of 2026
Arising Out of PS. Case No.-181 Year-2026 Thana- DUMRA District- Sitamarhi
======================================================
Mittal Mandal @ Mital Kumar @ Mital Mandal Son of Ramnand Mandal @
Ramakant Mandal Resident of Village - Kumhra Bishanpur Mandal Tola @
Kumhra Vishanpur Mandal Tola, P.S. - Dumra, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar
For the Opposite Party/s : Ms. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 3.900 liters of liquor from a place near Kumhra
Bishanpur Mandal Tola Bridge.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
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and is accessible to public at large and he came to be implicated
based on secret information which is the easiest way to
implicate someone, without holding a proper investigation.
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 Dumra
P.S. Case No. 181 of 2026 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
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
Patna High Court CR. MISC. No.37953 of 2026(2) dt.17-06-2026
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anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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