Patna High Court
Ravikant Kumar @ Mantu Kumar @ MantuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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