Patna High Court
Mani Bhushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
Mani Bhushan Kumar was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 171 litres of liquor from five sacks tied to a motorcycle. He contended that the police had not seized any liquor from his immediate possession and that the only information came from a chowkidar, raising doubts about the FIR. The petitioner, who has four prior excise cases, applied for anticipatory bail, while the State opposed the relief. The Patna High Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 and two sureties of the same amount, pending verification of his criminal antecedent. The order, made under Section 482(2) of the BNSS, stipulates that if more than four prior cases are discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent of four excise cases affects the grant of anticipatory bail.
- Whether the reliance on a chowkidar’s disclosure without prior police investigation undermines the FIR.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- provisional bail
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87999 of 2025
Arising Out of PS. Case No.-278 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Mani Bhushan Kumar S/o Bihari Ray R/o Village- Bakhari Khajuri, P.S-
Dhaka, Motihari, Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjwal Kumar Singh, Adv.
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases and all the cases are
under the excise act. It is next submitted that allegation is of
recovery of 171 liters of liquor from five sacks tied to a
motorcycle without registration number.
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 he came to be
Patna High Court CR. MISC. No.87999 of 2025(2) dt.05-01-2026
2/3
implicated based on disclosure made by the Chowkidar. It is
next submitted that if Chowkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution, 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.
20,000/- (Rupees Twenty 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
Kundwa Chainpur P.S. Case No. 278 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
Patna High Court CR. MISC. No.87999 of 2025(2) dt.05-01-2026
3/3
event if it is found that petitioner has antecedent of more than four
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 four cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…