Patna High Court
Pawan Mandal @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Pawan Mandal, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, alleging recovery of large quantities of liquor from properties linked to his relatives. He contended that the liquor was stored in a joint family house, that he had no conscious possession or knowledge, and that the investigation relied on secret information rather than proper evidence. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a six‑week window for surrender, 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; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act.
- Whether the alleged joint‑family ownership of the premises and lack of conscious possession negate the grounds for arrest.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- joint family property
- criminal antecedent
- Section 30
- Bihar Prohibition and Excise Act
- CrPC 438
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91967 of 2025
Arising Out of PS. Case No.-396 Year-2025 Thana- PARBATTA District- Khagaria
======================================================
Pawan Mandal @ Pawan Kumar S/o Dilip Mandal R/o - Ward No.17,
Kajjalwan Gogri, P.S - Parbatta, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 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 offences punishable under Sections 30(a) and
30(d) of the Bihar Prohibition and Excise Act.
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 49.500
litres of liquor from the house of Abhijeet Mandal @ Amarjeet
Mandal and 7.875 litres of liquor from ruined house of Jatta
Sah.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and being nephew of
Abhijeet Mandal @ Amarjeet Mandal came to be implicated. It
Patna High Court CR. MISC. No.91967 of 2025(2) dt.13-01-2026
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is further submitted that the house in question is a joint family
property, as such, it cannot be alleged with certainty that it was
the petitioner who had kept the liquor in the house or the liquor
kept in the house was within his knowledge. It is next submitted
that petitioner came to be implicated based on the secret
information which is the easiest way to implicate someone
without holding a proper investigation of the case. It is also
submitted that once an accused is implicated in a case relating to
excise the police start implicating mechanically either at the
instance of the Chawkidar, local person, secret information or
confessional statement.
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 Parbatta
P.S. Case No. 396 of 2025, subject to the conditions as laid
Patna High Court CR. MISC. No.91967 of 2025(2) dt.13-01-2026
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down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
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
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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