Patna High Court
Sanjay MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with specific bond and surety conditions, subject to verification of the petitioner’s antecedents.
Summary
The petitioner, Sanjay Mandal, sought anticipatory bail after a case was registered against him under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of a large quantity of liquor from a truck. He contended that he was not arrested at the spot, no liquor was found in his possession, and he was not the owner of the vehicle, asserting that the Excise Department had mechanically implicated him without proper investigation. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 and two sureties of the same amount, subject to verification of the petitioner’s criminal antecedents by the trial court. It further directed that if the trial court finds the petitioner has more than two prior cases, the bail would not be confirmed; if exactly two cases are found, the bail would be confirmed forthwith. The order was made under the powers conferred by Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate in the present circumstances.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Prohibition and Excise Act
- Section 482
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89103 of 2025
Arising Out of PS. Case No.-72 Year-2025 Thana- Bhalpatti District- Darbhanga
======================================================
Sanjay Mandal S/o Umesh Mandal R/o village- Bhalpatti, Tola- Manth, Post
office and Police station- Bhalapatti, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Jha
For the Opposite Party/s : Ms. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-01-2026 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 30(a) and
41(1) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases, out of which, one case is
under the Excise Act and allegation is of recovery of 3045.24
litres of liquor from a truck. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and is not the owner of the truck
and he came to be implicated at the instance of Excise
Department, Government of Bihar, Patna. It is also submitted
that once an accused is implicated in a case relating to excise,
Patna High Court CR. MISC. No.89103 of 2025(3) dt.21-01-2026
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the police starts implicating mechanically 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 thousands) 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 Bhalpatti
P.S. Case No.72/2025, 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
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
Patna High Court CR. MISC. No.89103 of 2025(3) dt.21-01-2026
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be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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