Patna High Court
Manibhushan PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.
Summary
Manibhushan Pandey sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 54.72 litres of liquor from a bamboo orchard not belonging to him. The petitioner argued that no liquor was found in his possession and that the informant, a chowkidar, failed to report the matter earlier, casting doubt on the prosecution's case. The State opposed the bail. The court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedent. If more than three prior cases are found, the bail may be cancelled; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the circumstances of the alleged recovery and the role of the informant justify denial of bail.
Subjects
- anticipatory bail
- excise law
- Section 30
- bail conditions
- criminal antecedent
- informant credibility
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17521 of 2026
Arising Out of PS. Case No.-523 Year-2025 Thana- BANIAPUR District- Saran
======================================================
Manibhushan Pandey Son of Shambhu Pandey @ Shambhunath Pandey R/o
Village - Puchchari, P.O. - Puchchari, Pandey Tola, P.S. - Baniyapur, Dist. -
Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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
petitioner has antecedent of three cases out of which one case is
under the Excise Act and allegation is of recovery of 54.72 liters
of liquor from a bamboo orchard.
4. Learned counsel for the petitioner submits that
the petitioner was not apprehended 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
Patna High Court CR. MISC. No.17521 of 2026(2) dt.19-03-2026
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petitioner and is accessible to villagers at large and he came to
be implicated at the instance of Chowkidar, but then it is
submitted that if 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. It is also submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information 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.
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
Baniyapur P.S. Case No. 523 of 2025 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.17521 of 2026(2) dt.19-03-2026
3/3
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 three cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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