Dinesh Mandal @ Dinesh Kumar Mandal@ Dinesh Kumr Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17471 of 2026 Arising Out of PS. Case No.-254 Year-2025 Thana- MADHEPUR District- Madhubani ====================================================== Dinesh Mandal @ Dinesh Kumar Mandal@ Dinesh Kumr Mandal S/O Mishrilal Mandal R/O Vill.- Laxmipur Nawada, P.s.- Madhepur, Dist.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baleshwar Kamat For the Opposite Party/s :
Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2026
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 Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 197.28 litres of liquor from house of Ashok and Devilal, 144 litres of liquor from an old semi-constructed house of Dobhi Mahto, 237 litres of liquor from bushes situated at open premises of Bikau Ram and 36 litres of liquor from a place near boundary wall of the house of Dobhi Dharikar. It is next submitted that petitioner was not arrested from the spot as such
Patna High Court CR. MISC. No.17471 of 2026(2) dt.19-03-2026 2/3 nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and he has no concern or relation with the named accused persons in the FIR and he came to be implicated based on confessional statement of Ashok in police custody which does not have any evidentiary value. It is also submitted that after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender 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 Madhepur P.S. Case No.254/2025 (G.R. No.795/2025), subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
Patna High Court CR. MISC. No.17471 of 2026(2) dt.19-03-2026 3/3 shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, 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 is a person with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) amit/- U T