Patna High Court
Vishnu Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Vishnu Kumar Mandal, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that he was implicated merely as the owner of a vehicle from which liquor was recovered, without any personal possession of the contraband. The petitioner argued that he was unaware of the misuse of his vehicle by another individual and that ownership alone should not constitute sufficient grounds for arrest. The State opposed the bail, contending that the offence warranted detention. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. The order stipulated that if more than one prior case is found, the bail would be withdrawn, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the accused is implicated solely as the owner of a vehicle from which liquor was seized under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
- What conditions may be imposed under Section 482(2) of the Code of Criminal Procedure in granting provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- vehicle ownership
- criminal antecedent
- Section 482 CrPC
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90332 of 2025
Arising Out of PS. Case No.-407 Year-2025 Thana- AAJAM NAGAR District- Katihar
======================================================
Vishnu Kumar Mandal S/o Baijnath Mandal R/o Village- Rohiya, P.S-
Salmari, Dist- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 21.45 litres of liquor from two motorcycles. It is
next submitted that petitioner was not arrested from the spot, as
such, nothing was recovered from his conscious possession and
he came to be implicated based on the fact that he is owner of
one of the seized vehicles. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
and thus, would create evidence against himself and hence,
Patna High Court CR. MISC. No.90332 of 2025(2) dt.08-01-2026
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would get implicated. It is also submitted that petitioner was
completely unaware that Rupesh Kumar Das would misuse the
vehicle in the manner as alleged who was also apprehended
from the spot.
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.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Court-II, Katihar in connection with Azam Nagar
P.S. Case No.407 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 bonds of the petitioner 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
Patna High Court CR. MISC. No.90332 of 2025(2) dt.08-01-2026
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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 antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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