Patna High Court
Shri Prakash Mandal @ Prakash GauravversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application conditionally, subject to bail bonds, sureties and verification of antecedents.
Summary
Petitioner Shri Prakash Mandal applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under the Bihar Narcotic Substances Act (Sections 336(3), 274, 275, 3(5)) and the Excise Act (Sections 30(a) and 41(i)). He contended that he was not in possession of the seized liquor, that the vehicle was not his, and that the case was based solely on secret information. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.5,000 each with two sureties and deposit Rs.2,500 with the Advocates’ Association, subject to verification of his criminal antecedents. The order also stipulated that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for the alleged offences.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether reliance on secret information alone justifies denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 336(3), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41(i)
Subjects
- anticipatory bail
- Section 438
- excise law
- narcotic offences
- bail conditions
- secret information
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6466 of 2026
Arising Out of PS. Case No.-74 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Shri Prakash Mandal @ Prakash Gaurav S/O Shri Shiv Shankar Prasad Singh
@ Shiv Shankar Prasad Singh @ Shiv Shankar Singh Resident of village
Ghiwahi, Police Station- Shivajinagar, District-Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 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
Sections 336(3), 274, 275 and 3(5) of the B.N.S. and Sections
30(a) and 41(i) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 1330.2 litres of liquor from a
Bolero pick-up vehicle.
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 is not the owner of
Patna High Court CR. MISC. No.6466 of 2026(2) dt.30-01-2026
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the seized vehicle and he came to be implicated based on secret
information, which is the easiest way to implicate someone. It is
next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding proper investigation.
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.5,000/- (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 Shivajinagar P. S. Case No.74 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
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
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found that petitioner has antecedent of more than 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 has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.2500/- with
Advocates’ Association, Patna High Court, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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