Patna High Court
Mannu Kumar @ Manu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to a bail bond, sureties and verification of his criminal antecedent under Section 438(2) CrPC.
Summary
Mannu Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Section 30(a) of the Excise Act, where recovery of 30 litres of liquor each from two locations was alleged. The petitioner, who has three prior cases under the Excise Act, argued that he was not arrested, no liquor was found in his possession, and the case against him relied on a confessional statement of an accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to verification of his criminal antecedent and the conditions of Section 438(2) CrPC. The order was made conditional: if more than three prior cases are found, the bail would not be confirmed; if only three are confirmed, the bail would be affirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of offences under Section 30(a) of the Excise Act.
- Whether the confessional statement of an apprehended accused can justify denial of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent of three cases affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- criminal antecedent
- confessional statement
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16283 of 2026
Arising Out of PS. Case No.-487 Year-2025 Thana- KHUSRUPUR District- Patna
======================================================
Mannu Kumar @ Manu Kumar Son of Chandar Yadav R/o Village -
Dhupantola, P.S.- Khusrupur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hari Mohan Tripathi
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 30 litres of liquor from a place
near the house of Ram Kumar and 30 litres of liquor from a
field.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he has no concern
or relation with Ram Kumar and the field does not belong to
Patna High Court CR. MISC. No.16283 of 2026(2) dt.17-03-2026
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him and he came to be implicated based on confessional
statement of apprehended accused in police custody, which does
not have any evidentiary value. It is next submitted that police
in majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen 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 Khusrupur P. S. Case No.487 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.16283 of 2026(2) dt.17-03-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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