Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Manish Kumar, a dealer and president of a dealers’ association, feared arrest in a case registered under Sections 7(a), 7(c) and 12 of the Prevention of Corruption Act and Section 61(2) of the B.N.S. The prosecution alleged that he collected commission on behalf of a Block Supply Officer, demanding Rs. 25 per quintal and a total of Rs. 6,500, and threatened license cancellation if payment was not made. The petitioner contended that he was innocent, that the allegations stemmed from business rivalry, and that there was no documentary evidence to support the charges, emphasizing his clean antecedents. He applied for anticipatory bail, while the State’s Additional Public Prosecutor opposed the relief. The court, after considering the general and omnibus nature of the accusation and the petitioner’s clean record, granted anticipatory bail subject to a bail‑bond and sureties. Consequently, if arrested within eight weeks, the petitioner will be released on bail under the conditions specified.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 7(a), 7(c), 12 of the Prevention of Corruption Act and Section 61(2) of the B.N.S. given the nature of the allegations and his clean antecedents.
Legislation cited
- B.N.S. — s. 61(2)
- B.N.S.S. — s. 482(2)
- Prevention of Corruption Act — s. 12, 7(a), 7(c)
Subjects
- anticipatory bail
- Prevention of Corruption Act
- corruption
- extortion
- business rivalry
- clean antecedents
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39658 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- VIGILANCE District- Patna
======================================================
Manish Kumar S/o Nawal Kishore Roy @ Nawal Kishor Rai R/o Village -
Ward No. 1, Suryapura, P.S - Bhagwanpur, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Kumar Gaurav, Advocate
For the State : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-07-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 7(a), 7(c)
and 12 of the Prevention of Corruption Act and Section 61(2) of
the B.N.S..
3. The prosecution case, as per complaint of the
complainant, in brief, is that he is a dealer of Jan Vitaran Pranali
of Takiya Panchayat and he alleged that the Block Supply
Officer, namely Shailendra Kumar, has taken Rs. 25/- per
quintal as commission. He further alleged that he demanded Rs.
6,500/- from each shopkeeper and this demand has been made
by his dala i.e. this petitioner. It is further alleged that co-
Patna High Court CR. MISC. No.39658 of 2026(2) dt.01-07-2026
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accused Shailendra Kumar demanded Rs. 25/- per quintal for
four months totaling to Rs. 6,500/- for renewal of his license. It
is lastly alleged that on 27.02.2026, he again demanded money
through this petitioner and threatened that if the money is not
pay then his license will be cancelled.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, petitioner is himself a
P.D.S. dealer and president of the Dealers’ Association and only
due to business rivalry, he has falsely been implicated in this
case. There is no chit of paper in support of the allegations
levelled against this petitioner. Petitioner claims clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.39658 of 2026(2) dt.01-07-2026
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petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge (Vigilance)-
cum-Additional Sessions Judge-II, Bhagalpur in connection
with Vigilance P.S. Case No. 39 of 2026, subject to condition as
laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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