Patna High Court
Manish Kumar Mahto @ Mantosh Kumar @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail, subject to conditions, despite the pending FIR under the Excise Act, as he has not been arrested, no possession is established, and he claims a clean antecedent.
Summary
Manish Kumar Mahto applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with an FIR alleging violation of Section 30(a) of the Excise Act for the alleged recovery of 12 litres of liquor from an orchard belonging to Pappu Rai. The petitioner asserted that he has a clean antecedent, was not arrested at the scene, and had no possession of the liquor, further claiming that the informant, a watchman, had a personal enmity with him. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent and compliance with conditions under Section 438(2) CrPC. The order was made conditional that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an alleged offence under Section 30(a) of the Excise Act.
- Whether the absence of arrest and lack of possession justify the grant of anticipatory bail.
- Whether the petitioner’s claim of a clean criminal antecedent influences the decision on anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37458 of 2026
Arising Out of PS. Case No.-475 Year-2025 Thana- PAHARPUR District- East Champaran
======================================================
Manish Kumar Mahto @ Mantosh Kumar @ Manish Kumar S/o Late
Surendra Mahto R/o Village - Sareya Briti Tola, P.S - Paharpur, District - East
Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 12 litres of liquor from an orchard of Pappu Rai.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
and he has no concern or relation with Pappu and he came to be
Patna High Court CR. MISC. No.37458 of 2026(2) dt.16-06-2026
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implicated at the instance of Chaukidar with whom he is on an
inimical term. It is further submitted that if Chaukidar was
aware of the involvement of the petitioners in the occurrence,
then why he did not inform the police prior to institution of the
present F.I.R., which casts an aspersion on the case of the
prosecution, more so petitioner is a person with clean
antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) 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
Paharpur P. S. Case No.475 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.37458 of 2026(2) dt.16-06-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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