Patna High Court
Kanchan Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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
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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
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