Patna High Court
Shani Kumar Mandal @ Shanni MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 (Amended 2018) — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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
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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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