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Patna High Court

Sanjay MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to a bail bond, sureties and verification of antecedents, with the order to be confirmed only if the petitioner has no more than four prior cases.

Summary

The petitioner, Sanjay Mandal, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging recovery of 12 litres of liquor from a joint family house. He argued that the liquor was not in his conscious possession, the house being a joint family property, and that the police relied on secret information without proper investigation. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.20,000 and two sureties of equal amount, subject to verification of his criminal antecedents. The court stipulated that if more than four prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 given the petitioner’s prior criminal antecedents.
  • Whether the fact that the alleged liquor was recovered from a joint family house, and not from the petitioner’s personal possession, negates the basis for arrest.
  • Whether the court may condition anticipatory bail on verification of the petitioner’s criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • joint family property
  • criminal antecedents
  • bail conditions
  • Section 30(a)
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.859 of 2026
                      Arising Out of PS. Case No.-378 Year-2025 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Sanjay Mandal S/o- Late Button Mandal Resident of Village- Lailakh PS-
                 Sabour, Dist- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Shekhar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of four cases under the Excise Act

                   and allegation is of recovery of 12 litres of liquor from house of

                   the petitioner. It is next submitted that petitioner was not

                   arrested from the spot, as such, nothing was recovered from his

                   conscious possession and the house in question is a joint family

                   property, as such, it cannot be alleged with certainty that it was

                   petitioner who had kept the liquor in the house or the liquor kept

                   in the house was within his knowledge and he came to be
Patna High Court CR. MISC. No.859 of 2026(2) dt.19-01-2026
                                            2/3




          implicated based on secret information, which is the easiest way

          to implicate someone. It is also submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

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

          application.

                       5. 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-bond in the

          sum of Rs.20,000/- (Rupees Twenty Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          District & Additional Sessions Judge-12-cum-Special Excise

          Judge-2, Bhagalpur in connection with Sabour P.S. Case No.378

          of 2025, subject to the conditions laid down under Section

          482(2) of the B.N.S.S.

                       6. The application stands allowed.

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

          accepting the provisional bail bond of the petitioner shall verify
               Patna High Court CR. MISC. No.859 of 2026(2) dt.19-01-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than four cases,

                         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 antecedents of only four cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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