Patna High Court

Bankelal MaliversusThe State of Bihar

Decided: 15 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s criminal antecedent and compliance with bail conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Bankelal Mali, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 414.72 litres of liquor from five bicycles. He claimed he was not caught in possession, was not the owner of the bicycles, and was implicated solely on secret information. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS, with the bail to be confirmed only if he has at most one prior case.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
Section 30
Section 482
criminal antecedent
seizure of liquor
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7791 of 2026
                     Arising Out of PS. Case No.-195 Year-2025 Thana- YADOPUR District- Gopalganj
                 ======================================================
                 Bankelal Mali S/o Mokhtar Mali @ Mukhtar Mali R/o vill - Rampur
                 Tengrahi, P.O. and P.S.- Yadopur @ Jadopur, Distt.- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 414.72 liters of liquor from five

                   different bicycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of any of the seized bicycles and he came to be

                   implicated based on secret information which is the easiest way
Patna High Court CR. MISC. No.7791 of 2026(2) dt.15-04-2026
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          to implicate someone without holding proper investigation. It is

          also submitted that of late police has started implicating accused

          who have antecedent, in a case relating to Excise for obvious

          reasons.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds 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 Yadopur

          @ Jadopur P.S. Case No. 195 of 2025 subject to the conditions

          as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.7791 of 2026(2) dt.15-04-2026
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                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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