Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioners, subject to bail bonds, sureties and verification of criminal antecedents under Section 482(2) of the Code of Criminal Procedure.
Summary
The Patna High Court entertained two anticipatory bail applications filed by Krishna Kant Kumar (also identified as Manoj Kumar) in separate criminal miscellaneous proceedings arising from a police case involving the alleged recovery of 555.57 litres of liquor from a Scorpio vehicle and a Basa. The petitioners argued that they were not arrested at the scene, had no ownership of the seized vehicle or liquor, and questioned why the watchman did not inform police earlier, thereby casting doubt on the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of their criminal antecedents and compliance with Section 482(2) of the Code of Criminal Procedure. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; if only one or none, the bail would be confirmed. Both applications were allowed.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under Section 30(a) of the Excise Act.
- Whether the petitioners’ alleged lack of ownership and non‑possession of the seized liquor justify granting bail.
- Whether the petitioners have undisclosed criminal antecedents that affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Section 482
- criminal antecedent
- high court
- bail bond
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65055 of 2025
Arising Out of PS. Case No.-213 Year-2025 Thana- NAUGACHIA District- Bhagalpur
======================================================
Krishna Kant Kumar @ Anshu Kumar S/O Suresh Prasad Singh Resident of
Village- Pakra, Police Station- Naugachia, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 66216 of 2025
Arising Out of PS. Case No.-213 Year-2025 Thana- NAUGACHIA District- Bhagalpur
======================================================
Manoj Kumar Son of Suresh Prasad Singh Resident of village - Pakara, Police
Station - Naugachia, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 65055 of 2025)
For the Petitioner/s : Dr. Manoj Kumar
For the Opposite Party/s : Mr. Raj Ballabh Singh
(In CRIMINAL MISCELLANEOUS No. 66216 of 2025)
For the Petitioner/s : Dr. Manoj Kumar
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 CRIMINAL MISCELLANEOUS No.65055 of 2025
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.
Patna High Court CR. MISC. No.65055 of 2025(3) dt.07-01-2026
2/5
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 555.57 litres of liquor from a Scorpio vehicle and a
Basa.
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 is not the owner of
the seized vehicle nor the Basa belongs to him, but then, it is
submitted that if Chaukidar was aware of the involvement of the
petitioner in the occurrence, then why he did not inform the
police prior to institution of the present F.I.R., which casts an
aspersion on the case of the prosecution.
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.5,000/- (Rupees Five 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
Patna High Court CR. MISC. No.65055 of 2025(3) dt.07-01-2026
3/5
with Naugachia P. S. Case No.213 of 2025, subject to the
conditions laid down under Section 482(2) of the BNSS.
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 one case, 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 one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
CRIMINAL MISCELLANEOUS No. 66216 of 2025
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 is a person with clean antecedent and allegation is
of recovery of 555.57 litres of liquor from a Scorpio vehicle and
Patna High Court CR. MISC. No.65055 of 2025(3) dt.07-01-2026
4/5
a Basa.
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 is not the owner of
the seized vehicle nor the Basa belongs to him, but then, it is
submitted that if Chaukidar was aware of the involvement of the
petitioner in the occurrence, then why he did not inform the
police prior to institution of the present F.I.R., which casts an
aspersion on the case of the prosecution.
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.5,00/- (Rupees Five Hundred) 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 Naugachia P. S. Case No.213 of 2025, subject to the
conditions laid down under Section 482(2) of the BNSS.
7. The application stands allowed.
Patna High Court CR. MISC. No.65055 of 2025(3) dt.07-01-2026
5/5
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 even one case, 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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