Patna High Court
Mankesh ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Mankesh Chauhan, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging recovery of 100.8 litres of liquor from a room he allegedly rented. He contended that he has a clean antecedent, was not in possession of the liquor, and was not the renter of the premises, arguing that the investigation was flawed and that he was falsely implicated. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and a condition that the trial court verify his criminal antecedent within six weeks. If any antecedent is found, the bail would be cancelled; if he is found clean, the bail would be confirmed. The petitioner also agreed to deposit Rs. 2,500 with the Advocates’ Association of Patna High Court.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- liquor seizure
- clean antecedent
- Section 482 CrPC
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1916 of 2026
Arising Out of PS. Case No.-528 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Mankesh Chauhan S/o Late Madan Chauhan R/o Village - Hussepur, P.S -
Bhorey, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suresh Prasad Bhakta
For the Opposite Party/s : Mr.Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 the
petitioner is a person with clean antecedent and allegation is of
recovery of 100.8 litres of liquor from a room alleged to be
rented by the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and the room from
where the liquor was recovered does not belong to the petitioner
nor petitioner is renter but then based on secret information, he
Patna High Court CR. MISC. No.1916 of 2026(2) dt.27-01-2026
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came to be implicated which is the easiest way to implicate
someone without holding a proper investigation. It is also
submitted that it appears that police in order to save the real
culprit falsely implicated the petitioner when petitioner
admittedly is a person with clean antecedent.
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.
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 Bhore
P.S. Case No. 528 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
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 even one case
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
Patna High Court CR. MISC. No.1916 of 2026(2) dt.27-01-2026
3/3
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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