Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bond, sureties and verification of criminal antecedent.
Summary
Six individuals were implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 40 litres of liquor from a bamboo orchard. The petitioners argued they have clean antecedents, were not arrested at the scene, and the alleged liquor was recovered from land not belonging to them, alleging that a hostile watchman fabricated the complaint. The State opposed their request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 and two sureties of the same amount, to be confirmed by the trial court after verifying the petitioners' criminal antecedents. The order also stipulated that any concealment of antecedent would lead to denial of confirmation of bail. The court directed that the provisional bail be confirmed if the petitioners are found to have no prior cases.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the circumstances of the alleged offence justify the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- bail bond
- surety
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31527 of 2026
Arising Out of PS. Case No.-116 Year-2026 Thana- WARISLIGANJ District- Nawada
======================================================
1. Manish Kumar S/o Krishnadev Singh R/O Village- Mai, P.S- Warisaliganj,
District- Nawada.
2. Kamdev Kumar @ Lallu S/O Gorelal Singh R/O Village- Mai, P.S-
Warisaliganj, District- Nawada.
3. Dhananjay Kumar @ Karu S/O Mithlesh Singh R/O Village- Mai, P.S-
Warisaliganj, District- Nawada.
4. Gaurav Kumar S/O Anil Singh R/O Village- Mai, P.S- Warisaliganj, District-
Nawada.
5. Shravan Chauhan S/O Raghunandan Chauhan R/O Village- Manjaur, P.S-
Warisaliganj, District- Nawada.
6. Mukesh Chauhan @ Mukesh Kumar S/O Deo Nandan Chauhan R/O
Village- Manjaur, P.S- Warisaliganj, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 40 litres of liquor from a bamboo orchard.
Patna High Court CR. MISC. No.31527 of 2026(2) dt.12-05-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners and they came to be implicated at the instance of
Chowkidar with whom they are on an inimical term. It is next
submitted that if Chowkidar was aware about the involvement
of the petitioners in the occurrence, then why he did not inform
the police prior to institution of the instant FIR, which casts an
aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each
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 Warisaliganj P.S. Case No. 116 of 2026,
subject to the conditions as laid down under Section Section
482(2) of the BNSS.
Patna High Court CR. MISC. No.31527 of 2026(2) dt.12-05-2026
3/3
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of even one
case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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