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Patna High Court

Manish Patel @ Manish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to the conditions stipulated under Section 482(2) of the Bihar Criminal Procedure Code.

Summary

Manish Patel sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 129.24 litres of liquor from an auto and a motorcycle. He argued that he was not arrested on the spot, had no possession of the liquor, was not the owner of the vehicles, and that his name was not mentioned in the FIR, suggesting a lack of proper investigation. The State opposed the bail. The court, after considering the petitioner's submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bihar Criminal Procedure Code. The trial court was directed to verify the petitioner’s criminal antecedent; if more than two prior cases are found, the bail may be cancelled, otherwise it will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Excise Act
  • Whether the conditions imposed under Section 482(2) of the Bihar Criminal Procedure Code are satisfied

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 482
  • provisional bail
  • criminal antecedent
  • seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13035 of 2026
                   Arising Out of PS. Case No.-370 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Manish Patel @ Manish Kumar S/O Sunil Prasad Resident of Village - Gudari
                 Rai Ke Chowk, Ward No. 14, P.S. - Bhagwan Bazar, District - Saran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Adarsh Ranjan
                 For the Opposite Party/s :      Mr.Nand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 129.24 litres of liquor from an Auto and a

                   motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   any of the seized vehicle and he came to be implicated at the

                   instance of local people, but then the name of the person, who
Patna High Court CR. MISC. No.13035 of 2026(2) dt.15-04-2026
                                            2/3




          disclosed the name of the petitioner, is not disclosed in the FIR,

          which casts an aspersion on the case of the prosecution, when

          petitioner has not been implicated based on secret information.

          It is further submitted that of late police has started implicating

          accused with criminal antecedent, in cases relating to Excise for

          obvious reason without holding a proper investigation.

                   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. 10,000/- (Rupees

          Ten 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 Bhagwan Bazar P.S.

          Case No. 370 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 more than two

          cases then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.13035 of 2026(2) dt.15-04-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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