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Patna High Court

Mannu @ Abhimanyu Kumar @ Abhimanyu PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                           3/3




                         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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