Patna High Court
Manish Kumar @ Manish ChoudhariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of antecedents.
Summary
Manish Kumar sought anticipatory bail after being implicated in a case under IPC sections 272, 273, 34 and Section 30(A) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 70 litres of liquor from two motorcycles he owned. He argued that he was not present at the spot, the liquor was not found in his possession, and he was unaware that a friend misused his vehicle. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail on the condition of a Rs.5,000 bond, two sureties of equal amount, and subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. If more than one antecedent is found, the bail will not be confirmed; if only one, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the IPC and Bihar Prohibition and Excise Act
- Whether ownership of the vehicle used in the alleged liquor seizure suffices to justify arrest
- How the petitioner’s prior criminal antecedents affect the grant of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(A)
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- criminal procedure
- vehicle ownership
- liquor seizure
- IPC
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29959 of 2026
Arising Out of PS. Case No.-202 Year-2017 Thana- FATEHPUR District- Gaya
======================================================
Manish Kumar @ Manish Choudhari Son of Ramrup Chaudhary Resident of
Village- Korma PS- Chandauti District -GayaJi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar
For the Opposite Party/s : Mr. Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 offence punishable under Sections 272, 273,
34 of the IPC and Section 30(A) of Bihar Prohibition and Excise
Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 70 litres of liquor from two
motorcycles. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and he came to be implicated based on the fact that
he is owner of one of the seized vehicle. It is next submitted that
no prudent person would use his own vehicle for committing an
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occurrence and thus would create evidence against himself and
hence would get implicated. It is also submitted that the
petitioner was completely unaware that his friend would misuse
his vehicle in the manner as alleged who also fled from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5000/- (Rupees 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
connection with Fatehpur P.S. Case No.202/2017, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
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case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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