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Patna High Court

Navdeep Mandal @ Navdeep KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to bail bond conditions and verification of his criminal antecedents.

Summary

The petitioner, Navdeep Mandal, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 64.625 litres of liquor from an auto and a motorcycle. He argued that he was not caught in possession, did not own the vehicles, and the case was based solely on a confessional statement made by Kanhaiya while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties, subject to verification of the petitioner’s criminal antecedents within six weeks. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the provisional bail will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act
  • Whether the confessional statement of a co-accused made in police custody can form the basis for arrest

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • bail bond
  • inherent powers of court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44110 of 2026
                    Arising Out of PS. Case No.-462 Year-2018 Thana- JAGDISHPUR District- Bhagalpur
                 ======================================================
                 Navdeep Mandal @ Navdeep Kumar Son of Late Jay Prakash Mandal
                 Resident of Village- Hussainabad Thakur Bari, P.S.- Habibpur, District-
                 Bhagalpur
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rishup, Advocate
                                                  Mr. Saurabh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-07-2026                   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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 64.625 liters of liquor from an Auto

                   and a motorcycle.

                                 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 is not the owner of

                   any of the seized vehicles and came to be implicated based on

                   confessional statement of Kanhaiya in police custody which does

                   not have any evidentiary value.

                                 5. Learned A.P.P. for the State opposes the prayer for
            Patna High Court CR. MISC. No.44110 of 2026(2) dt.07-07-2026
                                                        2/2




                      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. 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 Jagdishpur P.S. Case

                      No. 462 of 2018 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 more than 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 has

                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.


                                                        (Satyavrat Verma, J)
Rishabh/-
U      T


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