Mandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38057 of 2026 Arising Out of PS. Case No.-531 Year-2022 Thana- BUXAR District- Buxar ====================================================== Mandan Singh S/o- Ramkrit Singh @ Beni Singh R/v- Saraswati Mandir Ke Pas Balua PO - Kamarpur PS - Buxar Muffasil Dist- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-06-2026

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 the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 29.700 litres of liquor from a Scooty.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated at the instance of Sweta Kumari who is owner of the seized Scooty who disclosed before the police that petitioner had purchased the Scooty from her through a Notary Affidavit. It is next submitted that transfer of

Patna High Court CR. MISC. No.38057 of 2026(2) dt.17-06-2026 2/3 Scooty could not have been made based on a notarized affidavit but the police in a mechanical manner investigate and implicate.

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 appearing on behalf of the petitioner, let 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 Buxar Town P.S. Case No. 531 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

7. However, 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 even one case, 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 is a person with clean antecedent in that event the

Patna High Court CR. MISC. No.38057 of 2026(2) dt.17-06-2026 3/3 provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T