Patna High Court

Mani KumarversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

Mani Kumar sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32 of the Bihar Excise Act for allegedly recovering 250 litres of liquor from an auto. He claimed he had no conscious possession of the liquor, was not the owner of the vehicle, and was implicated by a hostile chowkidar. The State opposed the bail. The High Court, after considering the petitioner's clean antecedent and lack of possession, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of his criminal record within six weeks. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The court exercised its powers under Section 482(2) of the BNSS to issue the order.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the case registered under Sections 30(a) and 32 of the Bihar Excise Act.
Whether the petitioner’s alleged lack of possession and clean antecedent justify granting anticipatory bail.

Legislation cited

Bihar Negotiable Securities Act (BNSS) — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
liquor seizure
clean antecedent
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22804 of 2026
                     Arising Out of PS. Case No.-5 Year-2026 Thana- PIRI BAZAR District- Lakhisarai
                 ======================================================
                 Mani Kumar S/O Vakil Mandal @ Loha Mandal R/O Vill. Bariarpur, P.S.- Piri
                 Bazar, Dist.- Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar
                 For the Opposite Party/s :        Mr. Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  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

                   32 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 250 liters of liquor from an Auto.

                                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 Auto and he came to be implicated at the

                   instance of Chowkidar with whom he is on an inimical term. It

                   is also submitted that if Chowkidar was aware of the
Patna High Court CR. MISC. No.22804 of 2026(3) dt.27-04-2026
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          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution.

                       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 Piri

          Bazar P.S. Case No. 05 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
            Patna High Court CR. MISC. No.22804 of 2026(3) dt.27-04-2026
                                                        3/3




                      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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