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Patna High Court

Kamlesh Kumar MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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