Rajan Mandal v. The State of Bihar

Patna HC27 Jan 2026CR. MISC./2276/2026

Case brief

AI extract

What is this about?

Anticipatory bail; provisional anticipatory bail; Bihar Excise Act Section 30(a); recovery of 457.8 liters of liquor from two vehicles; secret information; conscious possession; clean antecedent verification; Section 482 (2) BNSS conditions; bail bond Rs. 500 with two sureties; deposit Rs. 1500 Advocates' Association Patna High Court; Parihar P.S. Case No. 319 of 2025; Sitamarhi; Rajan Mandal; Justice Satyavrat Verma.

What did the court decide?

Provisional anticipatory bail granted: petitioner to be released on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each, upon arrest or surrender before the learned Trial Court within six weeks, subject to Section 482 (2) BNSS conditions, with confirmation contingent on verification of clean antecedents. ¶¶20

Rajan Mandal Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Parihar P.S. Case No. 319 of 2025 registered for offences under Section 30(a) of the Bihar Excise Act, should be granted anticipatory bail.

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Court's answer

In the event of arrest or surrender before the learned Trial Court within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each, subject to the conditions laid down under Section 482 (2) of the BNSS.

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Ratio / Principle

The learned Trial Court shall verify the petitioner's criminal antecedents: if even one antecedent case is found, it will be presumed the petitioner concealed his antecedents for the purpose of seeking anticipatory bail and the provisional anticipatory bail order shall not be confirmed; if found to be a person with clean antecedent, the provisional order shall be confirmed forthwith.

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Detailed headnote1 paragraphs

Patna High Court, Single Bench (Satyavrat Verma, J.), Criminal Miscellaneous No. 2276 of 2026, order dated 27-01-2026: Anticipatory bail application of Rajan Mandal, apprehending arrest in Parihar P.S. Case No. 319 of 2025 (District Sitamarhi) registered for offences under Section 30(a) of the Bihar Excise Act, concerning alleged recovery of 457.8 liters of liquor from two vehicles. Petitioner claimed clean antecedents, absence from the spot, no conscious possession, ownership of neither seized vehicle, and implication through secret information; the learned A.P.P. opposed the prayer. Held: on arrest or surrender before the learned Trial Court within six weeks, petitioner to be released on provisional anticipatory bail on bail bonds of Rs. 500/- with two like sureties, subject to Section 482 (2) BNSS conditions; Trial Court to verify criminal antecedents — any antecedent case to be presumed concealment barring confirmation, a clean record to result in immediate confirmation. Counsel undertook to deposit Rs. 1500/- with the Advocates' Association, Patna High Court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2276 of 2026

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Arising Out of PS. Case No.-319 Year-2025 Thana- PARIHAR District- Sitamarhi

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Rajan Mandal S/o Harinarayn Mandal @ Hari Mandal R/O Village - Dharharwa, ward no - 12 , P.S - Parihar, District -Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Devendra Kumar, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 27-01-2026

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 457.8 liters of liquor from two vehicles.

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Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is not the owner of any of the seized vehicles and he came to be implicated based on secret information which is the easiest way to implicate someone without holding a proper investigation,

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Patna High Court CR. MISC. No.2276 of 2026(2) dt.27-01-2026 2/3

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when petitioner admittedly is a person with clean antecedent.

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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 Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Parihar P.S. Case No. 319 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order

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Patna High Court CR. MISC. No.2276 of 2026(2) dt.27-01-2026 3/3

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shall be confirmed forthwith.

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