Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bail bonds, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Manish Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of large quantities of liquor from locations not belonging to him. He argued that he was not apprehended at the spot, no liquor was found in his possession, and the complaint originated from a hostile watchman, raising doubts about the propriety of the police investigation. The State opposed the bail, contending the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedent. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the accused was not caught in possession of the alleged contraband.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
- Whether the police investigation and the manner in which the FIR was lodged are sufficient to justify denial of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- police investigation
- criminal antecedent
- High Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28200 of 2026
Arising Out of PS. Case No.-90 Year-2026 Thana- SAKRA District- Muzaffarpur
======================================================
Manish Kumar Son of Dharmendra Sah R/o vill.- Dardha Chausi, P.S.- Sakra,
Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan
For the Opposite Party/s : Ms. Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise act and
allegation is of recovery of 900.87 liters of liquor from a
mustard field behind the poultry farm of Chandan and 85.425
from a place near a government washroom.
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 even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.28200 of 2026(2) dt.24-04-2026
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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 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. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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.
10000/- (Rupees Ten 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 connection with Sakra
P.S. Case No. 90 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.28200 of 2026(2) dt.24-04-2026
3/3
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 more than two
cases 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 has
antecedent of two cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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