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Patna High Court

Roshan Kumar Mandal @ Raushan Kumar MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner subject to conditions, pending verification of his antecedents.

Summary

The petitioner, Roshan Kumar Mandal, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for the alleged recovery of 20 litres of liquor from a cattle‑shed behind his house. He argued that he was never arrested at the spot, that the liquor was not in his conscious possession, and that a relative’s confessional statement was fabricated to implicate him. The State opposed his prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and deposit a further Rs.5,000 with the Advocates’ Association, pending verification of his criminal antecedents. The order also stipulated that if more than one prior case is found, the bail would not be confirmed. The court directed the trial court to verify the antecedents and to annex the supplementary affidavit to the record.

Issues considered

  • Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the absence of arrest and lack of possession of the alleged liquor affect the grant of anticipatory bail.
  • Whether the petitioner’s prior criminal antecedent influences the decision on anticipatory bail.
  • Whether the confessional statement of a relative made in police custody can be relied upon as evidence.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • liquor seizure
  • criminal antecedent
  • confessional statement
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5171 of 2026
                        Arising Out of PS. Case No.-291 Year-2025 Thana- BIRPUR District- Supaul
                 ======================================================
                 Roshan Kumar Mandal @ Raushan Kumar Mandal Son of Dorik Lal Mandal
                 @ Daurik Lal Mandal Resident of Village - Vishanpur Shivram, Ward No.-
                 06, Near Balua Thana, P.S.- Birpur (Balua Bazar O.P.), District - Supaul, State
                 - Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kuldeep Kumar
                 For the Opposite Party/s :        Mr. Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  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 Section 30(a) of

                   Bihar Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case, as pleaded in the

                   supplementary affidavit and allegation is of recovery of 20 litres

                   of liquor from cattle-shed behind the house of the petitioner. It

                   is next submitted that petitioner was not arrested from the spot

                   as such nothing was recovered from his conscious possession

                   and cattle-shed is a place outside the house and thus is

                   accessible to villagers at large. It is next submitted that no
Patna High Court CR. MISC. No.5171 of 2026(2) dt.02-02-2026
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          prudent person would use his own premises for committing an

          occurrence and thus would create evidence against himself and

          hence would get implicated. It is also submitted that it appears

          that someone inimical to the family concealed meager amount

          of liquor with an intent to implicate the entire family members

          and he came to be implicated based on confessional statement of

          Sonu in police custody which does not have any evidentiary

          value. It is further submitted that Sonu is maternal nephew of

          the petitioner and he in order to save himself falsely implicated

          the petitioner in the instant case and the police in mechanical

          manner implicated him without holding a proper investigation.

                       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 before the learned Court below

          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 Birpur

          (B.B.) P.S. Case No.291/2025, subject to the conditions as laid
             Patna High Court CR. MISC. No.5171 of 2026(2) dt.02-02-2026
                                                         3/3




                       down under Section 482(2) of the B.N.S.S.

                                    6. It is made clear that the learned trial court thereafter

                       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.

                                    7. At this stage, the learned counsel for the petitioner

                       based on instruction submits that petitioner undertakes to

                       deposit an amount of Rs.5000/- with Advocates’ Association,

                       Patna High Court within a period of two weeks from today.

                                    8. The office is directed to trace the supplementary

                       affidavit and annex the same with the record.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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