Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions imposed.
Summary
Manish Kumar applied for anticipatory bail in a case under the Bihar Prohibition and Excise Act alleging recovery of 111.04 litres of liquor from vehicles he owned. He argued he had a clean antecedent, was not in possession of the liquor, and was unaware of any misuse of his vehicle by a co‑accused. The State opposed the bail. The High Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent under Section 482(2) of the CrPC. The court clarified that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle used in the alleged offence is sufficient ground for arrest.
- Whether the petitioner’s claim of a clean antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- ownership of vehicle
- clean antecedent
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91096 of 2025
Arising Out of PS. Case No.-168 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Manish Kumar, Son of Tunni Yadav Resident Of Village - Vijay Tand, P.S. -
Kadirganj, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a), 37
and 47 of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 111.04 litres of liquor from three different vehicles
and bags. It is next submitted that petitioner was not arrested
from the spot, as such, nothing was recovered from his
conscious possession and he came to be implicated based on the
fact that he is owner of one of the seized vehicles. It is next
submitted that no prudent person would use his own vehicle for
committing an occurrence and thus, would create evidence
Patna High Court CR. MISC. No.91096 of 2025(2) dt.12-01-2026
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against himself and hence, would get implicated. It is also
submitted that petitioner was completely unaware that Mukesh
Kumar would misuse the vehicle in the manner as alleged who
was also apprehended from the spot along with another accused.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Additional
Exclusive Special Court Excise-2, Nawada in connection with
Excise P.S. Case No.168 of 2025, subject to the conditions laid
down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.91096 of 2025(2) dt.12-01-2026
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anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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