Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to verification of antecedent and compliance with Section 482(2).
Summary
Manish Kumar applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 219.6 litres of liquor from three motorcycles, one of which he owned. He argued that he had no prior criminal record, was not present at the seizure, and had no knowledge of his friend's alleged misuse of the vehicle. The State opposed the bail, contending that ownership linked him to the offence. The Patna High Court, considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail on a bail bond of Rs.500 with two sureties, subject to verification of his antecedent and compliance with Section 482(2) of the CrPC. The order stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being the owner of a vehicle used in the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of direct possession of the seized liquor and a clean criminal antecedent justify granting anticipatory bail.
- What conditions under Section 482(2) of the Criminal Procedure Code must be satisfied for provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- vehicle ownership
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91161 of 2025
Arising Out of PS. Case No.-232 Year-2025 Thana- BAJPATTI District- Sitamarhi
======================================================
Manish Kumar S/O Shivdayal Ray Resident of Village- Sandwara, P.S-
Bajpatti, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, 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 offence punishable under Section 30(a) 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 219.600 litres of liquor from three different
motorcycles. 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.91161 of 2025(2) dt.12-01-2026
2/3
against himself and hence, would get implicated. It is also
submitted that petitioner was completely unaware that his friend
would misuse the vehicle in the manner as alleged.
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 Court of
Special Judge, Exclusive Special Excise Court-II,
Sitamarhi/Concerned Court in connection with Bajpatti P.S.
Case No.232 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.91161 of 2025(2) dt.12-01-2026
3/3
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
Checking your session…