Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner's antecedent.
Summary
Manish Kumar was implicated in a case alleging recovery of 33.125 litres of liquor from his house, charging him under Sections 30(a) and 32(3) of the Bihar Excise Act. He argued that he has a clean antecedent, that the liquor was stored in a joint‑family property and not in his personal possession, and that the only incriminating statement was a confession by his grandfather made while in police custody, which he claimed was coerced. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his criminal antecedent within six weeks. If any prior case is discovered, the bail will not be confirmed; otherwise, the provisional bail will be confirmed.
Issues considered
- Whether anticipatory bail should be granted in a case under the Bihar Excise Act where the alleged contraband was not found in the petitioner's personal possession
- Whether a confession made by a co‑accused in police custody can be the sole basis for arrest
- Whether the joint‑family nature of the property affects the attribution of liability
Subjects
- anticipatory bail
- Bihar Excise Act
- possession of liquor
- confession under custody
- joint family property
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11840 of 2026
Arising Out of PS. Case No.-296 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Manish Kumar Son of Late Kapil Prasad Resident of Village - Bahargara,
Police Station - Barachatti, District - Gaya Ji (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Singh, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 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
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 33.125 liters of liquor from house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and the house in
question is a joint family property, as such, it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.11840 of 2026(2) dt.24-02-2026
2/3
knowledge and he came to be implicated based on confessional
statement of his grandfather, Ramadhar Paswan, in police
custody which does not have any evidentiary value. It is further
submitted that his grandfather was made to confess his name
under pressure.
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, 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 Excise
Sherghati P.S. Case No. 296 of 2025 subject to the conditions as
laid down under Section 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
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
Patna High Court CR. MISC. No.11840 of 2026(2) dt.24-02-2026
3/3
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
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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