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Patna High Court

Mantosh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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antecedent under Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is found, the bail would be withdrawn; otherwise, it would be confirmed.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

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
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          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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