Patna High Court
Munna Kumar @ Munna Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
The petitioner, Munna Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, where 25 litres of liquor were allegedly recovered from his motorcycle. He argued that he was not in possession of the liquor, was unaware of his friend's misuse of the vehicle, and that ownership of the vehicle alone should not implicate him. The State opposed the bail. The Court considered the submissions, noted the petitioner’s two prior Excise cases, and directed that he be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would be cancelled; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to a person alleged to be involved in an offence under Section 30(a) of the Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail bond
- criminal antecedent
- vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.640 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- PARBATTA District- Bhagalpur
======================================================
Munna Kumar @ Munna Kumar Mandal son of kamleshwari Mandal
Resident of village- Sudan tola Parbatta, Ps- Ishmilepur, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baijnath Sah
For the Opposite Party/s : Mr.Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and allegation is of recovery of 25 litres of liquor from a
motorcycle.
4. The learned counsel for the petitioner submits 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 the seized
motorcycle. It is next submitted that no prudent person would
Patna High Court CR. MISC. No.640 of 2026(2) dt.15-01-2026
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use his own vehicle for committing a crime and thus, would
create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged, who fled from the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. 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-bonds in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor Court in connection
with Parbatta P. S. Case No.132 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
Patna High Court CR. MISC. No.640 of 2026(2) dt.15-01-2026
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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 antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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