Patna High Court
Mannu @ Abhimanyu Kumar @ Abhimanyu PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties and verification of antecedents.
Summary
The petitioner, Mannu @ Abhimanyu Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022. He has five prior criminal cases, four relating to excise, and contends that his implication is based solely on a confessional statement of another accused made in police custody, which he argues lacks evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail‑bond of Rs.25,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., directing verification of his antecedents. The order stipulates that if more than five prior cases are found, the bail will not be confirmed; otherwise it will be confirmed. The petitioner also undertook to deposit Rs.5,000 with the Advocates’ Association within two weeks.
Issues considered
- Whether anticipatory bail can be granted when the accusation is based solely on a confessional statement of a co‑accused made in police custody.
- Whether the petitioner’s prior criminal antecedents (five cases) affect the grant of anticipatory bail under Section 482(2) of the B.N.S.S.
- Whether the conditions imposed by the court are sufficient to safeguard the interests of justice in the pending excise case.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- prior criminal antecedents
- Section 482
- Bihar Prohibition and Excise Act
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4136 of 2026
Arising Out of PS. Case No.-600 Year-2025 Thana- KOTWALI District- Patna
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Mannu @ Abhimanyu Kumar @ Abhimanyu Paswan S/o Indal Paswan R/o
Mohalla - Kamala Nehru Nagar, Ward No. 21, P.S - Kotwali, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Saumya Singh, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 37 of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 32.18
litres of liquor from possession of Aditya Kumar. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and he
came to be implicated based on confessional statement of
apprehended accused in police custody, which does not have
any evidentiary value. It is also submitted that once an accused
Patna High Court CR. MISC. No.4136 of 2026(2) dt.29-01-2026
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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.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge, Bihar Prohibition and Excise Act-I, Patna in
connection with Patna Kotwali P.S. Case No.600 of 2025,
subject to the conditions laid down under Section 482(2) of the
B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than five cases,
Patna High Court CR. MISC. No.4136 of 2026(2) dt.29-01-2026
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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 has antecedents of only five cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.5,000/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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