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Patna High Court

Manish Singh @ Manish Kumar @ Sonam Jee @ Sanam JeeversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted, subject to conditions and verification of antecedents, under Section 482(2) of the CrPC.

Summary

The petitioner, Manish Singh, was implicated in a case under Section 45 of the Bihar Prohibition and Excise Act, 2018 for allegedly selling liquor in Madhepura. He claimed that the allegation was false and that he was framed due to his brother's involvement in a separate matter. The petitioner sought anticipatory bail, arguing that he had only one prior case and that the investigation was improper. The State opposed the bail, contending that the petitioner was involved in the alleged offence. The Hon'ble Justice Satyavrat Verma granted provisional anticipatory bail, subject to a bail bond of Rs.5,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedents, with the order to be confirmed or set aside by the trial court based on that verification.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 45 of the Bihar Prohibition and Excise Act, 2018.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor smuggling
  • criminal antecedent
  • Section 45
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36911 of 2026
                  Arising Out of PS. Case No.-264 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
                                                        Madhepura
                 ======================================================
                 Manish Singh @ Manish Kumar @ Sonam Jee @ Sanam Jee S/o Sanjay
                 Singh @ Sanjay Kumar Singh Resident of - Ward No.- 8, Khurhan Malik,
                 P.S.- Alamnagar, District- Madhepura

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saket Tiwary
                 For the Opposite Party/s :      Mr. Braj Kishore Pd.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-06-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 45 of Bihar

                   Prohibition and Excise Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that on 27.12.2025 he got a secret information that petitioner

                   along with other co-accused are selling liquor at Khurhan Ward

                   No.8, Alamnagar, Madhepura, accordingly a raid was conducted

                   but then people gathered and abused the raiding team and also

                   tried to confine them inside the house and assaulted them.

                                4. Learned counsel submits that petitioner has been
Patna High Court CR. MISC. No.36911 of 2026(2) dt.29-06-2026
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          falsely implicated in the instant case by the informant. It is next

          submitted that petitioner being brother of Chotu Singh came to

          be implicated without holding a proper investigation. It is

          reiterated and submitted that specific information regarding

          selling liquor was against Chotu Singh.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (Rupees five 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 Udakishunganj Excise P.S. Case No.264/2025,

          subject to the conditions as laid down under Section 482(2) of

          the B.N.S.S.

                       7. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.36911 of 2026(2) dt.29-06-2026
                                                         3/3




                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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