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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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