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Patna High Court

Shani Kumar Mandal @ Shanni MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Shani Kumar Mandal, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (amended 2018) alleging recovery of 27 litres of liquor from his residence. He argued that the liquor was stored in a joint family house, that he was not in actual possession, and that the case relied on a confessional statement of another accused, which he claimed lacks evidentiary value. The State opposed the bail, citing the petitioner’s prior criminal record of seven cases, four of which relate to excise offences. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, and directed the trial court to verify the petitioner’s antecedent before confirming the order. The order is subject to revocation if the verification shows more than seven prior cases, in which case the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given the alleged possession of liquor and his criminal antecedent.
  • Whether a confessional statement of an accused in police custody can be relied upon for granting anticipatory bail.
  • Whether the concept of deemed possession under the 2018 amendment to the Bihar Prohibition and Excise Act applies to the petitioner’s case.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • deemed possession
  • confessional statement
  • joint family property
  • criminal antecedent
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38930 of 2026
                       Arising Out of PS. Case No.-119 Year-2026 Thana- Excise P.S. District- Katihar
                 ======================================================
                 Shani Kumar Mandal @ Shanni Mandal S/O Manoj Mandal Resident of
                 Village- Soti Bandh Tola, PS- Barari, District- Sitamarhi
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Bimal Kumar, Advocate
                 For the Opposite Party/s :         Ms. Sangeeta Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  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, 2016 (Amended 2018).

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases out of which four cases

                   are under the Excise Act and allegation is of recovery of 27

                   litres of liquor from the house of the petitioner.

                                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 the house in question is a joint family property, as such, it

                   cannot be alleged with certainty that it was the petitioner who

                   had kept the liquor in the house or the liquor kept in the house
Patna High Court CR. MISC. No.38930 of 2026(2) dt.18-06-2026
                                            2/3




          was within his knowledge and after amendment in the Excise

          Act in the year 2018, the concept of deemed possession and

          presumed offender has been done away with. It is next

          submitted that petitioner came to be implicated based on the

          confessional statement of apprehended accused in police

          custody which does not have any evidentiary value in the eye of

          law.

                       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.35,000/-

          (Rupees Thirty-Five 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 Katihar

          Excise P.S. Case No. 119 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
           Patna High Court CR. MISC. No.38930 of 2026(2) dt.18-06-2026
                                                       3/3




                     and if it is found that petitioner has antecedent of more than

                     seven cases, 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 seven cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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