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Patna High Court

Manohar KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was provisionally granted because the mobile number alone does not constitute sufficient material to deny bail, subject to verification of the petitioner’s antecedent.

Summary

Manohar Kumar applied for anticipatory bail after the police registered a case (PS Case No. 271/2022) alleging his involvement in the illegal possession of 1,604.475 litres of liquor and conspiracy under IPC Section 120(b). The petitioner argued that he has a clean antecedent, was not arrested at the scene, and the only link to him is a mobile number registered in his name, which he contended is insufficient to establish guilt. The State opposed the bail, emphasizing the seriousness of the offences under the Bihar Prohibition and Excise Act, 2018. The Court, considering the submissions, granted provisional anticipatory bail subject to a modest bond and sureties, and conditioned confirmation of the bail on verification of the petitioner’s criminal antecedent. The order directs that if any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed immediately.

Issues considered

  • Whether anticipatory bail can be granted when the only incriminating material is a mobile number registered in the petitioner’s name.
  • Whether the petitioner’s alleged clean antecedent warrants the grant of anticipatory bail despite the seriousness of the offences.

Legislation cited

Subjects

  • anticipatory bail
  • mobile number evidence
  • clean antecedent
  • Section 120B IPC
  • Bihar Prohibition and Excise Act
  • CrPC Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39640 of 2026
                 Arising Out of PS. Case No.-271 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Manohar Kumar S/o Bindeshwar Ram R/o Village - Mahmadpur Deopar, P.S
                 - Pusa, District - Samastipur
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shivam Prerna, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-06-2026                  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 Section 120(B) of

                   the Indian Penal Code as well as Sections 30(a) and 32(2) of the

                   Bihar Prohibition and Excise Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1604.475 litres of liquor from a truck.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and he came to be

                   implicated, during the course of investigation, on the basis of

                   Mobile No. 6202818223 which was registered in the name of

                   the petitioner. It is further submitted that one Devendra Singh
Patna High Court CR. MISC. No.39640 of 2026(2) dt.30-06-2026
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          was apprehended but he also did not disclose the name of the

          petitioner. It is next submitted that based on the mobile number,

          the petitioner came to be implicated. It is also submitted that

          merely because the mobile number is registered in the name of

          the petitioner that in itself does not implicate the petitioner in

          the instant case.

                       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 appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his 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) 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 Begusarai Town

          P.S. Case No. 271 of 2022, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.39640 of 2026(2) dt.30-06-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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