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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, verification of antecedents, and other conditions.

Summary

Manish Kumar, a resident of Khokasaha in Samastipur, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 10.8 litres of liquor from a straw house not belonging to him. He asserted a clean criminal record and argued that the liquor was recovered from a place accessible to villagers, with no material seized from his possession. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bail bond with two sureties and directed verification of his antecedents. If any prior case is found, the bail would be presumed concealed and not confirmed; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.1,500 with the Advocates’ Association within two weeks.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • clean antecedent
  • bail conditions
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6779 of 2026
                   Arising Out of PS. Case No.-363 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Manish Kumar Son of Vinod Ray R/o Village - Khokasaha, P.S. - Bibhutipur,
                 Dist. - Samastipur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mritunjay Kumar
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10.8 litres of liquor from a straw house. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and even

                   alleged recovery is from a place which does not belong to the

                   petitioner and is accessible to villagers at large and he came to

                   be implicated at the instance of local person but then the name

                   of the person who disclosed the name of the petitioner is not
Patna High Court CR. MISC. No.6779 of 2026(2) dt.04-02-2026
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          disclosed in the FIR which casts an aspersion on the case of the

          prosecution, when petitioner admittedly is a person with clean

          antecedent.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (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

          Bibhutipur P.S. Case No.363/2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.6779 of 2026(2) dt.04-02-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.

                                    7. At this stage, the learned counsel for the petitioner

                       based on instruction submits that petitioner undertakes to

                       deposit an amount of Rs.1500/- with Advocates’ Association,

                       Patna High Court within a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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