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Patna High Court

Mankesh ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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