Patna High Court
Santosh Mandal @ Santosh Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to bail bond, surety conditions and verification of antecedents.
Summary
The petitioner, Santosh Mandal, sought anticipatory bail fearing arrest in a case under Sections 274, 275 of the Bihar Negotiable Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 375 ml of liquor recovered from a room in front of his house. He argued that the liquor was not in his conscious possession, the location was publicly accessible, and the complaint was based solely on the chowkidar’s statement without proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 and two sureties, and directed the trial court to verify the petitioner’s criminal antecedents. If more than two prior cases are found, the bail would not be confirmed; if exactly two, it would be confirmed forthwith. The order was made under Section 482(2) of the Bihar Negotiable Substances Act.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 274, 275 BNS and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged recovery of liquor from a publicly accessible place justifies arrest.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise offence
- liquor possession
- Section 274 BNS
- Section 275 BNS
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87389 of 2025
Arising Out of PS. Case No.-129 Year-2025 Thana- ANDHRATHARHI District- Madhubani
======================================================
Santosh Mandal @ Santosh Kumar Mandal S/o Shivnandan Mandal Resident
of Village- Patsan, Alpura, P.S.- Andhrathari,District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh
For the Opposite Party/s : Ms. Renuka Ratnakar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 26-02-2026 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 offence punishable under Sections 274, 275
BNS and Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 375 ml of liquor from a room in
front of the house of petitioner. It is next submitted 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 public at large and he came to be implicated
at the instance of chowkidar but then it is submitted that if
Patna High Court CR. MISC. No.87389 of 2025(3) dt.26-02-2026
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chowkidar was aware of the involvement of the petitioner in the
occurrence then why did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten 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
Andhrathari P.S. Case No.129/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.87389 of 2025(3) dt.26-02-2026
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event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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