Patna High Court
Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
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
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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
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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
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