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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedent.

Summary

Manish Kumar applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case under the Excise Act alleging possession of 750 ml of liquor and seizure of his motorcycle. The petitioner asserted a clean criminal antecedent and claimed he was not arrested at the scene, arguing that the vehicle was misused by a friend without his knowledge. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent and compliance with Section 438(2) conditions. The court clarified that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 Cr.P.C. for offences under the Excise Act involving alleged possession of liquor and seizure of a vehicle.
  • Whether the petitioner’s claim of a clean criminal antecedent justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 Cr.P.C.
  • clean antecedent
  • vehicle seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22758 of 2026
                     Arising Out of PS. Case No.-92 Year-2026 Thana- Excise P.S. District- Sheikhpura
                 ======================================================
                 Manish Kumar Son of Ashok Mahto R/o Village - Surdaspur, P.S. and District
                 - Sheikhpura.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Roop Kishan
                 For the Opposite Party/s :        Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a), 56(b) and 45 of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 750 ml of liquor from possession of the petitioner

                   and a motorcycle was seized.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and it is falsely alleged

                   in the FIR that he was apprehended from the place of

                   occurrence but then people gathered and freed the petitioner. It
Patna High Court CR. MISC. No.22758 of 2026(3) dt.27-04-2026
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          is next submitted that since motorcycle of the petitioner was

          seized from the place of occurrence, hence the petitioner came

          to be implicated with the aforesaid allegation. It is next

          submitted that no prudent person would use his own vehicle for

          committing a crime and thus, would create evidence against

          himself and hence, would get implicated. It is further submitted

          that petitioner was completely unaware that his friend would

          misuse the vehicle in the manner as alleged who also fled from

          the spot. It is reiterated and submitted that petitioner is a person

          with clean antecedent.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Excise P. S. Case No.92 of 2026, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.22758 of 2026(3) dt.27-04-2026
                                                           3/3




                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner 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 obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, 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)
vikash/-

U          T


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