Patna High Court
Manoj Singh @ Manoj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to a bond, sureties, and verification of the petitioners' criminal antecedents, with confirmation contingent on the antecedent limits.
Summary
The petitioners, three individuals with prior excise cases, sought anticipatory bail fearing arrest in a case under Section 111 of the Bihar Negotiable Instruments Act and Section 30(a) of the Bihar Prohibition and Excise Act concerning alleged recovery of 336.960 litres of liquor. They argued they were not caught in possession, were not owners of the seized vehicle, and were implicated by an accused in police custody, which they claimed lacked evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.50,000 with two sureties and directed the trial court to verify the petitioners' criminal antecedents. If the antecedents exceed the specified limits, the bail would not be confirmed; if they match the stated numbers, the bail would be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under the circumstances described?
- Whether the trial court should verify the petitioners' criminal antecedents before confirming the anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 111
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- criminal antecedents
- excise law
- seizure of liquor
- Section 111
- Section 30(a)
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.273 of 2026
Arising Out of PS. Case No.-562 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
1. Manoj Singh @ Manoj Kumar Singh S/O Birendra Singh R/O Village-
Nayka Barka Baiju Tola, P.S- Revilganj, Dist.- Saran at Chapra.
2. Arbind Singh S/O Sachchitananda Singh @ Sachchinda Singh R/O Village-
Nayka Barka Baiju Tola, P.S- Revilganj, Dist.- Saran at Chapra.
3. Duran Singh @ Dhuran Singh @ Dhurendhar Prasad Singh @ Dhurandhar
Prasad Singh S/O Late Ramjee Singh R/O Village- Nayka Barka Baiju Tola,
P.S- Revilganj, Dist.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar
For the Opposite Party/s : Mr. Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 111 of BNS
and Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of two cases under the Excise
Act, petitioner no.2 has antecedent of ten cases, out of which
five cases are under the Excise Act and petitioner no.3 has
antecedent of eight cases, out of which two cases are under the
Excise Act and allegation is of recovery of 336.960 litres of
Patna High Court CR. MISC. No.273 of 2026(2) dt.15-01-2026
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liquor from a car. It is next submitted that petitioners were not
arrested from the spot as such nothing was recovered from their
conscious possession and are not the owners of the seized
vehicle and they came to be implicated at the instance of
apprehended accused in police custody which does not have any
evidentiary value. It is also submitted that of late the police has
started implicating persons having criminal antecedents in
excise cases for obvious reason with holding a proper
investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.50,000/- (Rupees fifty thousand) each 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
Chapra Muffasil P.S. Case No.562/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
Patna High Court CR. MISC. No.273 of 2026(2) dt.15-01-2026
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thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioner no.1 has antecedent
of more than two cases, petitioner no.2 has antecedent of more
than 10 cases and petitioner no.3 has antecedent of more than 8
cases, in that event, it would be presumed that petitioners had
concealed their antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed with
but if after verification it is found that petitioner no.1 has
antecedent of two cases, petitioner no.2 has antecedent of ten
cases and petitioner no.3 has antecedent of eight cases, in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
amit/-
U T
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