Patna High Court
Manish Kumar Singh @ Manish Singh @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail, granting provisional bail subject to verification of antecedents and conditions under Section 482(2).
Summary
The petitioner, Manish Kumar Singh, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the liquor was recovered from a public place and not from his possession. He submitted a supplementary affidavit showing six prior cases, three of which were also under the Excise Act, and argued that the investigation was based on secret information without proper inquiry. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.30,000 with two sureties and that his criminal antecedents be verified. The order stipulated that if more than six prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the petitioner’s criminal antecedents.
- Whether the court may impose conditions under Section 482(2) while granting anticipatory bail.
- Whether the absence of possession of the seized liquor and the manner of investigation affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- bail bond
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14431 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- Panapur District- Muzaffarpur
======================================================
Manish Kumar Singh @ Manish Singh @ Manish Kumar Son of Rajendra
Singh Resident of Village- Raksha, P.S.- Panapur Kariyat, District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 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, at the outset,
submits that he has filed a supplementary affidavit and from
perusal of the same, it would manifest that petitioner has
antecedents of six cases, out of which, three cases are under the
Excise Act and allegation is of recovery of 126 litres of liquor
from a bush near a Hanuman Temple. It is next submitted that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.14431 of 2026(2) dt.13-03-2026
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recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
based on secret information, which is the easiest way to
implicate someone. It is next 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.
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.30,000/- (Rupees Thirty Thousand) with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special Judge Excise-II, Muzaffarpur in connection with
Panapur Kariyat P.S. Case No.03 of 2026, 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
Patna High Court CR. MISC. No.14431 of 2026(2) dt.13-03-2026
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accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than six 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 antecedents of only six cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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