Patna High Court
Rahul Kumar @ Rahul Kumar ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41 of the Bihar Excise Act for allegedly recovering 252 litres of liquor from an auto. He argued that he was not caught in possession, was not the owner of the vehicle, and was implicated solely on secret information without proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the provisional bail will be confirmed. The order thus conditions the bail on future verification of antecedents.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the Bihar Excise Act?
- Whether the petitioner’s alleged lack of possession and reliance on secret information justify anticipatory bail?
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- secret information
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7540 of 2026
Arising Out of PS. Case No.-548 Year-2025 Thana- HISUWA District- Nawada
======================================================
Rahul Kumar @ Rahul Kumar Manjhi Son of Surendra Manjhi Resident of
Village- Hadsa, P.S.- Hisua, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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) and 41
of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the excise act and
allegation is of recovery of 252 liters of liquor from an Auto.
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 Auto and came to be implicated based on secret
information which is the easiest way to implicate someone without
holding proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.7540 of 2026(2) dt.23-02-2026
2/2
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. 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 with Hisua P.S. Case No.
548 of 2025 subject to the conditions as laid down under Section
482 (2) of the BNSS.
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 one
case 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 one case only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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