Patna High Court
Mannu Kumar @ Mannu YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bonds and verification of antecedents.
Summary
The petitioner, Mannu Kumar, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 160 litres of liquor from a banana orchard adjacent to his house. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and the FIR did not disclose the informant, casting doubt on the prosecution's case. The State opposed the anticipatory bail, contending the seriousness of the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act where the accused is not in immediate possession of the contraband.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 30 Excise Act
- Section 438 CrPC
- bail bond
- criminal antecedent
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92032 of 2025
Arising Out of PS. Case No.-466 Year-2025 Thana- KHUSRUPUR District- Patna
======================================================
Mannu Kumar @ Mannu Yadav S/O Chandar Yadav R/O Village-
Dhupantola, P.S.- Khusrupur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hari Mohan Tripathi
For the Opposite Party/s : Mr.Rajiv Nayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases and allegation is of
recovery of 160 litres of liquor from banana orchard situated
behind bathan of the petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the
petitioner, but then, is adjacent to his house and he came to be
Patna High Court CR. MISC. No.92032 of 2025(2) dt.13-01-2026
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implicated at the instance of local person, but the name of the
person, who disclosed the name of the petitioner is not disclosed
in the F.I.R., which casts an aspersion on the case of the
prosecution. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret informant and confessional statement in a
mechanical manner without holding proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.10,000/- (Rupees Ten 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 Khusrupur P. S. Case No.466 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.92032 of 2025(2) dt.13-01-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
then it would be presumed that petitioner for the purposes of
obtaining 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 has antecedent of two cases, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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