Patna High Court
Santosh Mandal @ Santosh Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Santosh Mandal, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act concerning alleged recovery of 35.25 litres of liquor from a Maruti car. He argued that the vehicle was not his, nothing was found in his conscious possession, and the case against him relied solely on confessional statements of co-accused made in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail would be presumed concealed and not confirmed; if only one prior case, the bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act
- Whether confessional statements made by co-accused in police custody can form the basis for arrest
- Whether ownership of the seized vehicle is essential to sustain the charge
- Effect of the petitioner’s criminal antecedents on the grant of bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- confessional statements
- illegal seizure
- Section 30(a)
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43262 of 2026
Arising Out of PS. Case No.-30 Year-2020 Thana- LODIPUR District- Bhagalpur
======================================================
Santosh Mandal @ Santosh Kumar Mandal S/O Naw Gopal Mandal @ Nowa
Mandal R/O Village- Hazaritola,Pandu Bathan, P.s.- Nagar, District- Godda,
Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha
For the Opposite Party/s : Mr. Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 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
Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 35.25 litres of liquor from a Maruti car. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and is not
the owner of the seized vehicle and he came to be implicated
based on confessional statement of Deepak and Mahavir in
police custody which does not have any evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.43262 of 2026(2) dt.02-07-2026
2/2
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.5000/- (Rupees 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 Lodipur P.S. Case No.30/2020, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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