Patna High Court
Manoj Kumar @ Manoj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 438(2) of the Cr.P.C.
Summary
Manoj Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 336(3), 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Sections 30(a) and 41(i) of the Excise Act. The petitioner argued that he was not arrested at the scene, no liquor was recovered from his possession, and he was not the owner of the seized vehicle, while the prosecution opposed the bail. The court noted the petitioner’s two prior cases, one involving excise violations, and considered whether these antecedents warranted denial of bail. It directed that provisional anticipatory bail be granted on the condition of a Rs.10,000 bail bond with two sureties, subject to verification of the petitioner’s criminal record by the trial court. The order further provided that if more than two prior cases are found, the bail may be revoked, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
- Whether the conditions imposed under Section 438(2) of the Cr.P.C. are sufficient to safeguard the trial process.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 336(3), 3(5)
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 41(i)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Bihar Narcotic Substances Act
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34300 of 2026
Arising Out of PS. Case No.-74 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Manoj Kumar @ Manoj Kumar Singh S/O Rajesh Mandal @ Rajesh Kumar
Singh R/O Village- Parsa, P.S- Shivajinagar, Distt.- Samastipur (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar
For the Opposite Party/s : Mr/s.Renuka Ratnakar(App125)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 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 336(3), 274, 275 and 3(5) of the B.N.S. and Sections
30(a) and 41(i) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases out of which one case
under the Excise Act and allegation is of recovery of 1330.02
litres of liquor from a Bolero pick up vehicle.
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 vehicle and he came to be implicated at the instance
Patna High Court CR. MISC. No.34300 of 2026(2) dt.15-05-2026
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of local person, but the name of the person, who disclosed the
name of the petitioner is not disclosed in the F.I.R., which casts
an aspersion on the case of the prosecution.
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 Shivajinagar P. S. Case No.74 of 2025, 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 more than two cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
Patna High Court CR. MISC. No.34300 of 2026(2) dt.15-05-2026
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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/-
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