Patna High Court
PHUL KUMAR MANDALversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
Phul Kumar Mandal, the owner of a Scorpio, was implicated in the seizure of 450 litres of liquor allegedly recovered from his vehicle, attracting charges under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act. The petitioner, claiming a clean antecedent and no personal involvement, argued that he was unaware of his driver’s alleged misuse of the vehicle and that ownership alone should not constitute evidence against him. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedent. If any prior case is found, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the applicable provisions of law.
- Whether mere ownership of the vehicle used in the alleged offence is sufficient to deny anticipatory bail.
- Whether the petitioner’s criminal antecedent must be verified before confirming anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- vehicle ownership
- liquor seizure
- Bihar Excise Act
- Bihar Narcotic Substances Act
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44574 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- Narhiya District- Madhubani
======================================================
PHUL KUMAR MANDAL S/o KAMAL PRASAD MANDAL R/o vill -
Banarjhula, P.S.- Ghoghardiha, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jaishankar Kumar Yadav
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
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 Sections 274, 275
and 3(5) of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 450 litres of liquor from a Scorpio.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested 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
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.44574 of 2026(2) dt.08-07-2026
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his driver 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 within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Narahiya P.S. Case No. 37 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 even 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 is a
person with clean antecedent in that event the provisional
Patna High Court CR. MISC. No.44574 of 2026(2) dt.08-07-2026
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anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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