Created by Fuzzy Cloud

Patna High Court

Shri Prakash Mandal @ Prakash GauravversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.6466 of 2026(2) dt.30-01-2026
                                                           3/3




                         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


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.