Tinku MandalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45478 of 2026
                      Arising Out of PS. Case No.-258 Year-2025 Thana- BIHPUR District- Bhagalpur
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                 Tinku Mandal Son of Pulkit Mandal Resident of Village - Moujma
                 Dudhquila, Police Station - Bihpur,District - Bhagalpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvottam Kumar
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-07-2026                  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 Sections 30(a), 30(d)

                   of Bihar Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 20 litres of liquor from a bamboo

                   orchard of the petitioner along with 1000 litres of semi prepared

                   liquor, which was destroyed at the spot. It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession. It is next submitted

                   that no prudent person would use his own bamboo orchard for

                   committing an occurrence and thus would create evidence
Patna High Court CR. MISC. No.45478 of 2026(2) dt.09-07-2026
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          against himself and hence would get implicated and bamboo

          orchard is a place which is accessible to villagers at large and it

          might be a possibility that someone inimical to the family

          concealed meagure amount of liquor along with semi prepared

          liquor and the petitioner came to be implicated at the instance of

          chowkidar and local person but then it is submitted that if

          chowkidar and local pereson were aware of the involvement of

          the petitioner in the occurrence then why they did not inform the

          police prior to institution of the instant FIR, which casts an

          aspersion on the case of the prosecution.

                       4. Learned A.P.P. for the State opposes the prayer for

          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 Bihpur P.S. Case No.258 of 2025, 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
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                       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/-

U        T