Created by Fuzzy Cloud

Patna High Court

Ravikant Kumar @ Mantu Kumar @ MantuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions under Section 482(2).

Summary

The petitioner, Ravikant Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41 of the Bihar Excise Act for allegedly recovering 220 litres of liquor from a sack thrown from a scooty. He asserted a clean criminal record, lack of possession of the liquor, and that the allegation was based solely on secret information without proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed that the trial court verify the petitioner’s antecedent within six weeks. If any prior case is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the relevant procedural law.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case registered under the Bihar Excise Act.
  • Whether the petitioner’s clean antecedent and lack of possession justify granting bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • clean antecedent
  • liquor seizure
  • provisional bail
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20631 of 2026
                       Arising Out of PS. Case No.-35 Year-2026 Thana- MESKAUR District- Nawada
                 ======================================================
                 Ravikant Kumar @ Mantu Kumar @ Mantu S/o Rameshwar Prasad @
                 Rameswar Prasad R/o Village - Naudiha, P.S - Fatehpur, District - Gaya
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shankar Kumar
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  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 Sections 30(a) and 41 of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 220 liters of liquor from a sack allegedly thrown from a

                   Scooty.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of the

                   seized vehicle and came to be implicated based on secret information

                   which is the easiest way to implicate someone without holding a

                   proper investigation, when admittedly petitioner is a person with

                   clean antecedent.
            Patna High Court CR. MISC. No.20631 of 2026(2) dt.31-03-2026
                                                        2/2




                                   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 Meskaur P.S. Case No. 35 of 2026 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 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.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.