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Patna High Court

Manoj Singh @ Manoj Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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