Created by Fuzzy Cloud

Patna High Court

Manish Kumar Singh @ Manish Singh @ Manish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.