Patna High Court
Munna Mushar@Manoj MusharversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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/-
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