Patna High Court
Manjeet Prasad @ Manjeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that provisional anticipatory bail may be granted in the absence of arrest and possession, subject to verification of antecedents and compliance with bond conditions.
Summary
Manjeet Prasad sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act alleging recovery of 100.440 litres of liquor from a public bush, though no liquor was found in his possession and he was not arrested at the spot. He contended that the informant, a chowkidar with whom he had an inimical relationship, could have falsely implicated him and that the alleged recovery site did not belong to him. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail for six weeks, subject to a bail bond of Rs 5,000 and two sureties, and directed the trial court to verify the petitioner’s criminal antecedents. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed, whereas a single antecedent would lead to confirmation of the bail.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the accused was not arrested and no contraband was recovered from his possession.
- Whether the existence of prior criminal antecedents should affect the confirmation of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482
- criminal procedure
- no possession
- antecedent cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14607 of 2026
Arising Out of PS. Case No.-534 Year-2025 Thana- KESARIA District- East Champaran
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Manjeet Prasad @ Manjeet Kumar S/o- Harishchandra Prasad @ Hari Prasad
Resident Of Village- Mathiya, Ps- Kesariya, Dist-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravin Kumar
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 100.440 litres of liquor from a bush.
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 public at large and
he came to be implicated at the instance of chowkidar with
whom he is on an inimical term. It is also submitted that if
Patna High Court CR. MISC. No.14607 of 2026(2) dt.16-04-2026
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chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR which casts an aspersion on the
case of the prosecution.
4. Learned A.P.P. for the State opposes the prayer for
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.5000/- (Rupees five 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 Kesariya P.S. Case No.534/2025, 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 more than
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 has antecedent of one
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3/3
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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