Patna High Court
Manish Kumar @ Anurag SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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,
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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/-
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