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Bhim Mandal v. The State of Bihar

Patna HC20 Nov 2025CR. MISC./53585/2025

Case brief

AI extract

What is this about?

Anticipatory bail; provisional anticipatory bail; Bihar Prohibition and Excise Act 2018 Section 30(a); Section 482(2) BNSS; verification of criminal antecedents; concealment of antecedents; Madhepura Excise P.S. Case No.551/2023; recovery of 47.25 litres of liquor from cow-shed; confessional statement in police custody; Sukhdeo Mandal; Bhim Mandal; State of Bihar; Patna High Court; Justice Satyavrat Verma; 20-11-2025; Criminal Miscellaneous No.53585 of 2025.

What did the court decide?

Provisional anticipatory bail granted: petitioner to be released on arrest or surrender within six weeks, on bail bonds of Rs.15,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions; confirmation contingent on trial court's verification of criminal antecedents (confirmed if three cases; refused if more than three).

Bhim Mandal Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Madhepura Excise P.S. Case No.551/2023 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, should be released on provisional anticipatory bail. +1 more

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Court's answer

In the event of arrest or surrender before the learned Court below within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs.15,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the B.N.S.S., in connection with Madhepura Excise P.S. Case No.551/2023.

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Ratio / Principle

The trial court shall verify the petitioner's criminal antecedents: if more than three cases are found, it will be presumed the petitioner concealed his antecedents before this court and the provisional anticipatory bail order shall not be confirmed; if exactly three cases are found, the provisional order shall be confirmed forthwith.

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Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), order dated 20-11-2025, Cr. Misc. No.53585 of 2025 (arising out of Madhepura Excise P.S. Case No.551/2023, u/S 30(a), Bihar Prohibition and Excise Act, 2018): petitioner Bhim Mandal, whose counsel submitted three prior cases and an alleged recovery of 47.25 litres of liquor from a cow-shed not belonging to him, with implication said to rest on the custodial confession of Sukhdeo Mandal, was granted provisional anticipatory bail — release upon arrest or surrender within six weeks on a Rs.15,000/- bond with two like sureties, subject to Section 482(2) B.N.S.S. conditions. The trial court is directed to verify criminal antecedents: the provisional order is to be confirmed forthwith if exactly three antecedents are found, and not confirmed if more than three are found (concealment presumed).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53585 of 2025

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Arising Out of PS. Case No.-551 Year-2023 Thana- Excise P.S. District- Madhepura

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======================================================

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Bhim Mandal S/o Dasrath Mandal R/o Village- Sukhasan Chakala Ward No. 03, P.S.- Madhepura, District- Madhepura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranjay Kumar Singh For the Opposite Party/s : Mr. Lakshmi Kant Sharma ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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5 20-11-2025

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

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Learned counsel for the petitioner seeks permission for removing the defects as pointed out by the office during the course of the day.

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Permission is accorded.

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Learned counsel for the petitioner submits that petitioner has antecedent of three cases and allegation is of recovery of 47.25 litres of liquor from a cow-shed. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even

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Patna High Court CR. MISC. No.53585 of 2025(5) dt.20-11-2025 2/3

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alleged recovery is from a place which does not belong to the petitioner and he came to be implicated based on the confessional statement of Sukhdeo Mandal in police custody which does not have any evidentiary value. It is next submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically without proper investigation either through chowkidar, local person, confessional statement or secret information.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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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.15000/- (Rupees fifteen 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 Madhepura Excise P.S. Case No.551/2023, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

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It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the

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Patna High Court CR. MISC. No.53585 of 2025(5) dt.20-11-2025 3/3

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event if it is found that petitioner has antecedent of more than three 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 three cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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amit/-

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U T

Bhim Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bhim Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

Coram

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