Mannu @ Abhimanyu @ Abhimanyu Kumar @ Abhimanyu PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24414 of 2026
                        Arising Out of PS. Case No.-128 Year-2026 Thana- KOTWALI District- Patna
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                 Mannu @ Abhimanyu @ Abhimanyu Kumar @ Abhimanyu Paswan Son of
                 Indal Paswan Resident of Mohalla - Kamla Nehru Nagar, Ward No. 21, Police
                 Station - Kotwali, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Saumya Singh
                 For the Opposite Party/s :        Mr.Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  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) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of nine cases out of which seven

                   cases are under the Excise Act and allegation is of recovery of

                   13.580 litres of liquor from the house of the petitioner.

                                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 even the house in

                   question is a joint family property and thus, it cannot be alleged
Patna High Court CR. MISC. No.24414 of 2026(2) dt.20-04-2026
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          with certainty that it was the petitioner, who had kept the liquor

          in the house or the liquor kept in the house was within his

          knowledge and after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with. It is also asserted and submitted that liquor was

          not recovered from the house but adjacent to the house and he

          came to be implicated based on secret information, which is the

          easiest way to implicate someone. It is next submitted that

          police in majority of cases implicating innocent persons either at

          the behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          a proper investigation.

                       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.45,000/- (Rupees Forty Five Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Trial Court where the case is pending/successor Court in
               Patna High Court CR. MISC. No.24414 of 2026(2) dt.20-04-2026
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                         connection with Patna Kotwali P. S. Case No.128 of 2026,

                         subject to the conditions laid down under Section 438(2) of the

                         Cr.P.C.

                                      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 more than nine cases,

                         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 has antecedent of nine cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T