Patna High Court
Mantu Kumar @ Mintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court allowed the petition for anticipatory bail, subject to conditions, under Section 482(2) of the Bihar Narcotic Substances Act.
Summary
The petitioner, Mantu Kumar, sought anticipatory bail in connection with a case involving alleged offences under Sections 191(2), 191(3), 190, 132, 109(1), 324(4) and 303(2) of the Bihar Narcotic Substances Act arising from a raid on illicit liquor. The prosecution’s case is based on a scuffle during which co‑accused Mukesh Kumar allegedly seized police equipment and assaulted officials; the petitioner’s name appears only in Mukesh Kumar’s confessional statement and not in the FIR. The petitioner argued that he has no criminal antecedent, was not present at the scene, and no material was recovered from him. The State opposed the bail, contending that the confessional statement links the petitioner to the offences. The High Court, considering the clean antecedent, lack of physical presence, and paucity of evidence beyond the confessional statement, granted anticipatory bail subject to a bail bond of Rs. 10,000 and two sureties, invoking Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is implicated solely through a co‑accused’s confessional statement.
- Whether the absence of the petitioner from the scene and lack of material recovery justify bail despite the FIR charges.
- Whether the petitioner’s clean antecedent warrants the exercise of the High Court’s inherent powers under Section 482(2) of the Bihar Narcotic Substances Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 109(1), 132, 190, 191(2), 191(3), 303(2), 324(4), 482(2)
Subjects
- anticipatory bail
- confessional statement
- illicit liquor
- Bihar Narcotic Substances Act
- clean antecedent
- high court inherent powers
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4450 of 2026
Arising Out of PS. Case No.-411 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Mantu Kumar @ Mintu Kumar S/o- Jay Ray R/v- Ganjpar Ps- Athmalgola
Dist- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Adv.
For the State : Ms. Pushpa Sinha No. 1, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Athmalgola P.S. Case No. 411 of 2025
registered for the offences punishable under Sections 191(2),
191(3), 190, 132, 109(1), 324(4), 303(2) of the BNS.
3. As per prosecution case, on 11.11.2025, a raiding
team was formed against those persons who were involved in
the purchase-sale, transportation and consumption of illicit
liquor. When the informant along with police officials reached at
village Ganjpar, the informant found that 4-5 people were
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creating ruckus on the roadside and among them 2 persons were
apprehended. It is alleged that during breath analysis test,
apprehended co-accused Mukesh Kumar snatched the breath
analyzer machine number-2579 and its pencil number-1364 and
also called around 15-20 nearby people and thereafter they
abused the informant and other police officials and also attacked
upon the police team by means of bricks and stones. During the
course of scuffle, the miscreants damaged two Bolero cars, one
Scorpio car and one Tata Winger car in question by pelting
bricks and stones and also snatched one mobile phone of
homeguard Satendra Paswan. It is alleged that four police
personnel also sustained injuries in the said incident. Nearby
people disclosed the name of 14 accused persons and 10-15
unknown persons who were involved in the said incident.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case.
Learned counsel further submits that petitioner is not named in
the FIR and during course of investigation, name of petitioner
has been transpired in this case in confessional statement of co-
accused Mukesh Kumar, as mentioned in the impugned order.
He further submits that except confessional statement of co-
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accused Mukesh Kumar, there is nothing on record to connect
the present petitioner with the alleged occurrence. Petitioner
bears no criminal antecedent. He further submits that nothing
has been recovered from possession of the petitioner. Petitioner
was not found at the place of occurrence. Petitioner has nothing
to do with the alleged occurrence.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner and submits that during
course of investigation, name of petitioner came in this case in
confessional statement of co-accused Mukesh Kumar and hence,
petitioner cannot escape from the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of petitioner, petitioner
was not found at the place of occurrence, argument advanced
on behalf of both sides and also taking into consideration the
material available on record, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Sub Divisional Judicial Magistrate, Barh,
Patna in connection with Athmalgola P.S. Case No. 411 of 2025,
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subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
shahzad/-
U T
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