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Patna High Court

Rahul Kumar @ Rahul Kumar ManjhiversusThe State of Bihar

Decided
Disposal
DISPOSED

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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