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Patna High Court

Santosh Mandal @ Santosh Kumar MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                         3/3




                       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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