Patna High Court
Manjit Chaurasiya @ Manjeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent, confirming bail only if antecedent does not exceed four cases.
Summary
Manjit Chaurasiya sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging recovery of 55.720 litres of liquor from Ganauri Mandal, with which he claimed no connection. The petitioner argued that no liquor was found in his possession and that the police relied on a confessional statement of Ganauri Mandal made while in custody, which he contended lacks evidentiary value. The State opposed the bail. The Court considered the petitioner's antecedent of four prior excise cases and the procedural requirements under Section 438(2) of the Cr.P.C. It granted provisional anticipatory bail, subject to a Rs.20,000 bond, two sureties, and a condition that the trial court verify the number of antecedent cases, confirming bail only if the antecedent does not exceed four.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in the pending excise case.
- Whether a confessional statement made by an accused in police custody is admissible as evidence.
- Whether the petitioner’s criminal antecedent exceeding four cases would bar anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- Section 30
- Section 438
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70391 of 2025
Arising Out of PS. Case No.-67 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Manjit Chaurasiya @ Manjeet Kumar S/o Late Bhikan @ Narayan
Cholaurasiya R/o Village- Karama, Ward No. 02, P.S.- Puraini, District-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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 the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 55.720 litres of liquor from Ganauri
Mandal.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from Ganauri Mandal with whom petitioner has no
concern or relation but then he came to be implicated based on
Patna High Court CR. MISC. No.70391 of 2025(3) dt.07-01-2026
2/3
confessional statement of Ganauri Mandal in police custody
which does not have any evidentiary value in the eye of law. It
is further submitted that once an accused is implicated in a case
relating to excise the police start implicating mechanically
without holding a proper investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.20,000/- (Rupees Twenty 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
Excise Case No. 516 of 2025 arising out of Uda-Kishunganj
Excise P.S. Case No. 67 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than four cases,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.70391 of 2025(3) dt.07-01-2026
3/3
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only four cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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