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Patna High Court

Manish Kumar @ Anurag SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court allowed the anticipatory bail application, granting bail subject to conditions under Section 438(2) of the Cr.P.C.

Summary

Manish Kumar, a labourer, was implicated in Excise Case No. 118C2 of 2019 for the alleged recovery of 39.6 litres of foreign liquor based on secret information. The petitioner argued that he was not present at the scene, had no possession of the liquor, and that the source of the secret information was undisclosed, rendering the prosecution's case weak. The State contended that the petitioner's name appeared in the official complaint, justifying denial of anticipatory bail. The court examined the lack of material linking the petitioner to the recovered liquor and noted his absence at the place of occurrence. Considering these facts, the court granted anticipatory bail, subject to a bail bond and sureties, under Section 438(2) of the Cr.P.C. The application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged involvement in an excise offence.
  • Whether the prosecution has established sufficient material linking the petitioner to the recovered foreign liquor.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • foreign liquor
  • Section 30
  • Section 438
  • Bihar Prohibition Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8687 of 2026
                   Arising Out of PS. Case No.-118 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
                                                    District- Begusarai
                 ======================================================
                 Manish Kumar @ Anurag Singh S/o Shankar Singh R/o vill - Ayodhya, P.S.-
                 Teghra, Distt.- Begusarai, Bihar

                                                                               ... ... Petitioner
                                                    Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Akash Kumar Mishra, Adv.
                 For the State          :      Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Excise Case No. 118C2 of 2019 registered for

                   the offence punishable under Section 30(a) of Bihar Prohibition

                   and Excise (Amendment) Act, 2018.

                                 3. As per prosecution case, on the basis of secret

                   information 39.6 litre foreign liquor was recovered from the

                   road side and petitioner and other managed to escape from the

                   spot.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged

                   in the FIR. He further submits that petitioner bears criminal
Patna High Court CR. MISC. No.8687 of 2026(2) dt.18-02-2026
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          antecedent of four cases in which he is on bail. Petitioner has

          been roped in a case one after another in a routine manner

          without any basis. He further submits that nothing has been

          recovered from conscious possession of the petitioner.

          Petitioner was not found at the place of occurrence. Petitioner

          has no concern with the seized liquor. He further submits that

          petitioner being a labourer had gone outside to earn his

          livelihood and he had no knowledge regarding institution of the

          present case in the year 2019 and when he came to his house in

          October, 2025, he came to know regarding the present case and

          thereafter filed anticipatory bail petition. He further submits that

          source of secret information has not been disclosed in the

          official complaint case, which questions the authenticity of the

          prosecution story. He further submits that place of recovery is an

          open place and same is accessible to all and petitioner cannot be

          held responsible for the alleged recovery. In the light of the

          aforesaid facts and circumstances of the case, no case is made

          out against the petitioner under the provisions of Bihar

          Prohibition and Excise Act.

                       5. The learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner and submits that name of

          petitioner finds place in the official complaint case and hence,
            Patna High Court CR. MISC. No.8687 of 2026(2) dt.18-02-2026
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                      he cannot escape from the allegation made in the official

                      complaint case.

                                   6. Considering the facts and circumstances of the

                      case, petitioner was not found at the place of occurrence,

                      argument advanced on behalf of both sides and also taking into

                      consideration the material available on record, 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 anticipatory bail on furnishing bail bond of Rs.

                      10,000/- (rupees ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Exclusive Special,

                      Excise Judge-II, Begusarai in connection with Excise Case No.

                      118C2 of 2019, subject to the conditions as laid down under

                      Section 438(2) of the Cr.P.C.

                                   7. The application stands allowed.


                                              (Alok Kumar Pandey, J)

shahzad/-

U      T


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