Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 45, 56(b)
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
2/3
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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