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Patna High Court

Munna Mushar@Manoj MusharversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with the conditions prescribed under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Munna Mushar, sought anticipatory bail after learning of a pending case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of 30 litres of liquor from a field not belonging to him. He argued that he has a clean antecedent, that the alleged liquor was not in his possession at the time of arrest, and that the investigation was based on secret information without proper inquiry. The State opposed the bail, contending that the offence is non-bailable and the petitioner could flee. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for confirming or cancelling the bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13592 of 2026
                   Arising Out of PS. Case No.-122 Year-2024 Thana- AGIAON BAZAR District- Bhojpur
                 ======================================================
                 Munna Mushar @ Manoj Mushar S/o Lalmuni Mushar Resident of Village-
                 Katariya, P.S.- Agiaon Bazar, District- Bhojpur
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Birottam Narayan Singh
                 For the Opposite Party/s :      Mr. Rabindra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State Mr. Rabindra Kumar.

                                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, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 30 litres of liquor from a field. It is next submitted

                   that petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large and he came to be implicated

                   based on secret information which is the easiest way to implicate

                   someone without holding a proper investigation, when petitioner

                   admittedly is a person with clean antecedent.

                                4. Learned A.P.P. for the State opposes the prayer for
             Patna High Court CR. MISC. No.13592 of 2026(2) dt.12-03-2026
                                                         2/2




                       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 Agiaon

                       Bazar P.S. Case No.122/2024, 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

                       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


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