Patna High Court
Manoj Kumar Singh @ Manoj SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedents.
Summary
The petitioner, Manoj Kumar Singh, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with an excise case alleging recovery of 320 litres of spirit from a field adjacent to his house. He asserted a clean criminal record and argued that the alleged contraband was not in his possession and that the case was based solely on a confessional statement made by Nitish Kumar Singh while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedents by the trial court. The order further stipulated that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438(2) CrPC in the present excise offence case.
- Whether the confessional statement obtained in police custody has evidentiary value for denying bail.
- Whether the alleged recovery of spirit from a field not in the petitioner's possession affects the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41(1), 41(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise offences
- clean antecedent
- confessional statement
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15636 of 2026
Arising Out of PS. Case No.-126 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Manoj Kumar Singh @ Manoj Singh S/o Late Rampukar Singh Resident of
Village- Ishapur, P.S.- Madanpur, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Singh
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-03-2026 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
Sections 30(a), 41(1) and 41(2) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 320 litres of spirit from a field behind the house
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.15636 of 2026(2) dt.16-03-2026
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implicated based on confessional statement of Nitish Kumar
Singh @ Tuntun in police custody, which does not have any
evidentiary value.
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.500/- (Rupees Five Hundred) 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
Excise P. S. Case No.126 of 2026, 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
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
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.15636 of 2026(2) dt.16-03-2026
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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)
vikash/-
U T
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