Patna High Court
Mandan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
Mandan Singh applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly possessing 29.7 litres of liquor recovered from a scooty. He asserted a clean criminal record and argued that the liquor was not in his conscious possession at the time of arrest, contending that the owner of the scooty, Sweta Kumari, implicated him through a notarized affidavit. The State opposed the bail. The Court considered the submissions and granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., pending verification of the petitioner’s antecedent. The order stipulates that if any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the alleged possession of liquor can be said to be in the petitioner’s conscious possession.
- Whether the petitioner’s clean antecedent warrants grant of bail pending verification.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- liquor possession
- clean antecedent
- Section 438 CrPC
- Section 482 B.N.S.S.
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38057 of 2026
Arising Out of PS. Case No.-531 Year-2022 Thana- BUXAR District- Buxar
======================================================
Mandan Singh S/o- Ramkrit Singh @ Beni Singh R/v- Saraswati Mandir Ke
Pas Balua PO - Kamarpur PS - Buxar Muffasil Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P.
======================================================
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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 29.700 litres of liquor from a Scooty.
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 at the instance of Sweta
Kumari who is owner of the seized Scooty who disclosed before
the police that petitioner had purchased the Scooty from her
through a Notary Affidavit. It is next submitted that transfer of
Patna High Court CR. MISC. No.38057 of 2026(2) dt.17-06-2026
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Scooty could not have been made based on a notarized affidavit
but the police in a mechanical manner investigate and implicate.
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 Buxar Town P.S.
Case No. 531 of 2022, 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
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
Patna High Court CR. MISC. No.38057 of 2026(2) dt.17-06-2026
3/3
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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