Patna High Court

Manish KumarversusThe State of Bihar

Decided: 4 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated conditions.

Summary

Manish Kumar was apprehended in a case under Sections 30(a) and 47 of the Bihar Excise Act for allegedly transporting 92.250 litres of liquor. He argued that the liquor was not found in his possession, he was not the owner of the vehicle, and the case was based solely on an informant’s tip without proper investigation. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that Kumar furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedent within six weeks. The court stipulated that if more than three prior excise cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act
Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Whether the conditions imposed by the court under Section 482(2) of the BNSS are valid

Subjects

anticipatory bail
excise law
criminal antecedent
Section 30
Section 47
Bihar Excise Act
Section 482
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29895 of 2026
                      Arising Out of PS. Case No.-729 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Manish Kumar Son of Gauri Yadav Resident Of Village- Chitarkali Ps
                 -Rajauli District -Nawada

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

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

2   04-05-2026                  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

                   47 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 92.250 liters of liquor from a car.

                                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 vehicle and he came to be implicated at the

                   instance of informant. It is also submitted that once an accused

                   is implicated in a case relating to excise, the police starts
Patna High Court CR. MISC. No.29895 of 2026(2) dt.04-05-2026
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          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.

          15000/- (Rupees Fifteen 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 Excise

          P.S. Case No. 729 of 2025 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 more than

          three 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 three cases only, in that event the
            Patna High Court CR. MISC. No.29895 of 2026(2) dt.04-05-2026
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                      provisional anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T

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