Created by Fuzzy Cloud

Patna High Court

Pawan Mandal @ Pawan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.