Created by Fuzzy Cloud

Patna High Court

Kanchan Kumar MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Given the petitioner’s clean antecedent and lack of possession of the alleged liquor, the court held that anticipatory bail under Section 438(2) CrPC should be granted, subject to conditions.

Summary

The petitioner, Kanchan Kumar Mandal, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 20 litres of liquor from a water tank. He asserted that he has a clean antecedent, was not arrested at the scene, and the liquor was not found in his possession, the tank being a public place accessible to villagers. The prosecution opposed the bail, but the court noted the lack of direct possession, the questionable role of the informant, and the petitioner’s clean record. Consequently, the court directed that provisional anticipatory bail be granted upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent. The order further stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC in view of the alleged offence under Section 30(a) of the Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.594 of 2026
                      Arising Out of PS. Case No.-285 Year-2025 Thana- MANIHARI District- Katihar
                 ======================================================
                 Kanchan Kumar Mandal S/O Late Jhagru Mandal Resident of Village-
                 Bhutaha Bari,Dilarpur Ward No. 11, P.S. - Manihari, District-Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimal Kumar
                 For the Opposite Party/s :       Mr.Ramchandra Sahni
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 20 litres of liquor from the premises of a water

                   tank.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place, which does not belong to the petitioner

                   and is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.594 of 2026(2) dt.15-01-2026
                                            2/3




          implicated at the instance of Chaukidar and local person, but

          then, it is submitted that if Chaukidar was aware of the

          involvement of the petitioner in the occurrence, then why he did

          not inform the police prior to institution of the present F.I.R.,

          which casts an aspersion on the case of the prosecution. It is

          submitted that petitioner came to be implicated at the instance of

          local person, but the name of the person, who disclosed the

          name of the petitioner is not disclosed in the F.I.R., which

          further casts an aspersion on the case of the prosecution, when

          admittedly petitioner is a person with clean antecedent.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Manihari P. S. Case No.285 of 2025, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.594 of 2026(2) dt.15-01-2026
                                                           3/3




                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner 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 obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.