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Patna High Court

Mangal BindversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the conditions imposed under Section 438(2) Cr.P.C.

Summary

Mangal Bind sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 60 litres of liquor were recovered from four accused. He argued that he was not caught in possession and that his implication relied solely on a confessional statement of another accused, which he claimed lacks evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.10,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedent. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed. The order was made under Section 438(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act.
  • Whether a confessional statement of an apprehended accused can form a basis for implicating another person.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Bihar Prohibition and Excise Act
  • confessional statement
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90538 of 2025
                         Arising Out of PS. Case No.-546 Year-2025 Thana- BYPASS District- Patna
                 ======================================================
                 Mangal Bind S/o Late Ram Lagan Bind @ Late Ram Lagan Singh Permanent
                 R/o 155, Bir, P.S.- Gaurichak, Distt.- Patna, Presently residing at vill -
                 Begampur Sidhebazar, P.S.- Bypass, Distt.- Patna
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjiv Kumar Pathak, Advocate
                                                   Mr. Kumar Ravi Shanker, Advocate
                                                   Mr. Ashok Kumar Garg, Advocate
                 For the Opposite Party/s :        Mr. Md. Anzarul Haque Sahara, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                   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 Section 30(a) of the

                   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 60 litres of liquor from possession of

                   four accused persons.

                                 4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the confessional
Patna High Court CR. MISC. No.90538 of 2025(2) dt.08-01-2026
                                            2/3




          statement of apprehended accused in police custody which does

          not have any evidentiary value in the eye of law. It is next

          submitted that once an accused is implicated in a case relating to

          excise the police start implicating mechanically without holding

          a proper investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          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 Bypass

          P.S. Case No. 546 of 2025, subject to the conditions as laid

          down under Section 438 (2) of the Cr.P.C.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than two cases,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.90538 of 2025(2) dt.08-01-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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