Created by Fuzzy Cloud

Patna High Court

Mantu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with bail conditions.

Summary

The petitioner, Mantu Kumar, sought anticipatory bail fearing arrest in a case under the Bihar Excise Act for alleged recovery of 557.5 litres of liquor from a Mahindra tractor. He contended that he was not arrested on the spot, had no possession of the liquor, was not the vehicle's owner, and that his name was omitted from the FIR, suggesting a weak prosecution case. The State opposed the bail. The court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one antecedent exists, the bail will be confirmed. The order is subject to the conditions of Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the pending excise case.
  • Whether the omission of the petitioner's name from the FIR and lack of seizure from his possession justify granting bail.
  • Whether the petitioner's criminal antecedent should affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Excise Act
  • criminal antecedent
  • bail conditions
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30343 of 2026
                     Arising Out of PS. Case No.-79 Year-2026 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Mantu Kumar Son of Ramdenee Yadav Resident of Village - Lal Bigha, Ps-
                 Aurangabad Muffasil, Dist- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Aman Vishal
                 For the Opposite Party/s :        Mr.Md. Anzarul Haque Sahara
                 ======================================================
                 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),

                   32(3), 41(1) and 41(2) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 557.5 litres of liquor from a

                   Mahindra Tractor.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested 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 local people, but then the name of the person, who disclosed
Patna High Court CR. MISC. No.30343 of 2026(2) dt.04-05-2026
                                            2/3




          the name of the petitioner, is not disclosed in the FIR, which

          casts an aspersion on the case of the prosecution, when

          petitioner has not been implicated based on secret information.

          It is further 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.

          5,000/- (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

          Aurangabad Excise Sadar P.S. Case No. 79 of 2026, 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
              Patna High Court CR. MISC. No.30343 of 2026(2) dt.04-05-2026
                                                          3/3




                        in the event if it is found that petitioner has antecedent of more

                        than one case 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 one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.