Patna High Court
Mantosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his antecedent.
Summary
The petitioner, Mantosh Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 11.34 litres of liquor from a straw near his house. The petitioner argued that he has a clean antecedent, the alleged liquor was not found in his possession, and the only evidence against him is a confessional statement of another accused made in police custody, which lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to the conditions of Section 438(2) CrPC and verification of his antecedent by the trial court. The order also required the petitioner to deposit Rs.1,500 with the Advocates’ Association, Patna High Court. The application was allowed, with the proviso that if any criminal antecedent is discovered, the bail may be revoked.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under Section 30(a) of the Excise Act.
- Whether the confessional statement of a co-accused made in police custody can be the basis for denying anticipatory bail.
- Whether the alleged recovery of liquor from a location adjacent to the petitioner’s house justifies arrest.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail bond
- clean antecedent
- confessional statement
- police custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2879 of 2026
Arising Out of PS. Case No.-425 Year-2025 Thana- TEGHRHA District- Begusarai
======================================================
Mantosh Kumar S/O Ram Akbal Sahni @ Ram Akvbal Sahni R/O Village-
Pakthaul @ Pakthaul, Ward No. 03, P.S- Teghra, Distt.- Begusarai, State-
Bihar, Pin- 851112.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 is a person with clean antecedent and allegation is
of recovery of 11.34 litres of liquor from a straw near 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 alleged
recovery is from a place, which does not belong to the
Patna High Court CR. MISC. No.2879 of 2026(2) dt.28-01-2026
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petitioner, but then, is adjacent to his house and he came to be
implicated based on confessional statement of Sujit in police
custody, which does not have any evidentiary value.
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
Teghra P. S. Case No.425 of 2025, 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.2879 of 2026(2) dt.28-01-2026
3/3
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.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.1500/- with
Advocates’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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