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Patna High Court

Mantu Kumar @ Abhishek Raj @ MantuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court provisionally granted anticipatory bail, subject to bond and sureties, and conditioned its confirmation on verification that the petitioner’s criminal antecedent does not exceed six cases.

Summary

The petitioner, Mantu Kumar, sought anticipatory bail in a 2017 excise case involving alleged recovery of 76.5 litres of liquor from a vehicle, for which he was implicated based on a confessional statement made by another person in police custody. He argued that he was not caught in possession, was not the owner of the vehicle, and that the confessional statement lacked evidentiary value, especially since his name was added to the FIR only in 2025. The State opposed the bail, citing the seriousness of the offences under the Bihar Excise Act and the Indian Penal Code and the petitioner’s six prior excise cases. The court granted provisional anticipatory bail subject to a bond of Rs.30,000 with two sureties and conditioned the confirmation of bail on verification that the petitioner does not have more than six prior cases. If the verification reveals more than six antecedents, the bail will not be confirmed.

Issues considered

  • What is the appropriateness of granting anticipatory bail when the accusation rests primarily on a confessional statement of another person?
  • Does the petitioner’s prior criminal antecedent of six excise cases preclude the grant of anticipatory bail?
  • Whether the procedural lapse in naming the petitioner in the FIR at a later stage affects the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • excise offences
  • confessional statement
  • police investigation
  • criminal antecedent
  • Bihar Excise Act
  • Indian Penal Code
  • Section 482 CPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7052 of 2026
                      Arising Out of PS. Case No.-23 Year-2017 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Mantu Kumar @ Abhishek Raj @ Mantu Son of Baiju Prasad Resident of
                 village - Telhara, P.S.- Telhara, District - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Priya Ranjan, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026                  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 offences punishable under Sections 30(a),

                   32(2), 38 and 47 of the Bihar Excise Act read with Sections 272,

                   273 and 120(B) of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of six cases under the excise act and

                   allegation is of recovery of 76.5 liters of liquor from a car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and came to be implicated based on

                   confessional statement of Kallu in police custody which does
Patna High Court CR. MISC. No.7052 of 2026(2) dt.19-02-2026
                                            2/3




          not have any evidentiary value. It is fairly submitted that the

          case is of the year 2017, but then petitioner was not named in

          the FIR and his name transpired during the course of

          investigation based on confessional statement, but it was only in

          2025 that police knocked the door of the petitioner when he

          came to know about his implication in the instant case. It is also

          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either at the

          instance of Chowkidar, local person, confessional statement or

          secret information without holding a proper investigation.

                       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, 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.

          30,000/- (Rupees Thirty 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

          Barachatti P.S. Case No. 23 of 2017 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.
            Patna High Court CR. MISC. No.7052 of 2026(2) dt.19-02-2026
                                                        3/3




                                   7. It is made clear that thereafter the learned Trial

                      Court shall verify the criminal antecedent of the petitioner and

                      in the event if it is found that petitioner has antecedent of more

                      than six cases then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of six

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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