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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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