Patna High Court
Mantosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail, granting provisional bail subject to bond, sureties, and verification of antecedent.
Summary
Mantosh Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 12 litres of liquor from his motorcycle. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware that another person used his vehicle for the alleged offence. The State opposed his anticipatory bail application. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500, two sureties, and verification of his antecedent under Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is found, the bail would be withdrawn; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.1,500 with the High Court Legal Services Committee.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle used in the alleged offence precludes the grant of anticipatory bail.
- Whether the petitioner’s clean antecedent is a condition for confirming the provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5522 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- EXCISE BIRAUL District- Darbhanga
======================================================
Mantosh Kumar S/o Pitamber Paswan R/o Village- Arapatti, Ps- Mahishi,
Dist- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 12 litres of liquor from a motorcycle. 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 the fact that he is owner of
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus,
would create evidence against himself and hence, would get
Patna High Court CR. MISC. No.5522 of 2026(2) dt.03-02-2026
2/3
implicated. It is also submitted that petitioner was completely
unaware that Manoj Paswan would misuse the vehicle in the
manner as alleged, who was also apprehended from the spot
along with Salit Kumar.
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.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Judge 1 st
(Excise Act) Darbhanga in connection with Biraul Excise P.S.
Case No.133 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 antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.5522 of 2026(2) dt.03-02-2026
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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.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.1500/- with High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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