Patna High Court
Manoj Singh @ Manoj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to a bail bond and verification of the petitioner’s antecedent, with confirmation contingent on the finding that the petitioner has no more than two prior cases.
Summary
Manoj Singh applied for anticipatory bail anticipating arrest under Section 111 of the B.N.S. and Section 30(a) of the Excise Act for alleged recovery of 233.280 litres of liquor. The petitioner argued that he was not in possession of the seized vehicle, was not the owner, and that the only evidence against him was a confessional statement made by a co‑accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing the petitioner’s two prior excise cases as a criminal antecedent. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.10,000 bail bond with two sureties and subject to verification of the petitioner’s antecedent under Section 482(2) of the B.N.S.S. It clarified that if more than two prior cases are discovered, the bail will not be confirmed; otherwise, the provisional order will be made final. The application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 111 B.N.S. and Section 30(a) Excise Act where the petitioner has prior excise cases.
- Whether a confessional statement recorded in police custody can be the basis to deny anticipatory bail.
- What conditions under Section 482(2) of the B.N.S.S. must be satisfied for granting anticipatory bail.
Legislation cited
- B.N.S. — s. 111
- B.N.S.S. — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 111 B.N.S.
- Section 30(a) Excise Act
- confessional statement
- Section 482(2) B.N.S.S.
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.287 of 2026
Arising Out of PS. Case No.-557 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Manoj Singh @ Manoj Kumar Singh S/O Birendra Singh @ Virendra Singh
Resident of Village- Barka Baiju Tola, P.S- Rivilganj, District -Saran At
Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
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 their
arrest in a case registered for the offences punishable under
Section 111 of the B.N.S. and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and allegation is of recovery of 233.280 litres of liquor from a
car.
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 is not the owner of
the seized car and he came to be implicated based on
Patna High Court CR. MISC. No.287 of 2026(2) dt.13-01-2026
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confessional statement of Pratik in police custody, which does
not have any evidentiary value. It is next submitted that police
in majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
proper investigation. It is next submitted that petitioner in
similar manner was implicated in the aforesaid cases which
became their criminal antecedent.
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 Chapra Mufassil P. S. Case No.557 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.287 of 2026(2) dt.13-01-2026
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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 more than two cases,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their 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 only, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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