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Patna High Court

Manibhushan PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

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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