Patna High Court
Kamlesh Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Kamlesh Kumar Mandal, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 4.410 litres of liquor from his motorcycle. He has four prior cases under the Excise Act and claims he was not in possession of the liquor and was unaware of his friend's alleged misuse of the vehicle. The petitioner sought anticipatory bail, arguing that ownership of the vehicle alone should not constitute evidence against him. The State opposed the bail. The High Court granted provisional anticipatory bail, subject to a bail bond of Rs.20,000 with two sureties and conditioned on verification of his criminal antecedent; if more than four prior cases are found, the bail would not be confirmed. The order directs the trial court to confirm the bail if the antecedent remains at four cases.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged possession of liquor in a vehicle he owns.
- Whether ownership of the vehicle implicates the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent of four cases disqualifies him from obtaining anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale and Settlement (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Section 30
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44428 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- BAJPATTI District- Sitamarhi
======================================================
Kamlesh Kumar Mandal S/o Hiralal Mandal R/o Viillage - Humayunpur,
Humayupur, P.S. - Bajpatti, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 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 four cases under the Excise Act and
allegation is of recovery of 4.410 liters of liquor from 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 he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.44428 of 2026(2) dt.08-07-2026
2/3
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his friend would misuse the vehicle in the manner as alleged
who also fled from the spot.
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 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.
20000/- (Rupees Twenty 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 Bajpatti
P.S. Case No. 48 of 2026 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 four cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.44428 of 2026(2) dt.08-07-2026
3/3
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 four
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.