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Patna High Court

Nitesh Manjhi @ Nitesh Kumar @ Nitish Manjhi @ Nitish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent, as the allegations were based solely on a custodial confession and the petitioner had a clean record.

Summary

The petitioner, Nitesh Manjhi, sought anticipatory bail after learning of a pending case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 500 litres of liquor from an auto. He argued that he had a clean antecedent, was not in possession of the liquor, and was implicated solely on a confessional statement made by Munna while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the allegations warranted arrest. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 and two sureties of the same amount, subject to verification of the petitioner’s criminal antecedent by the trial court. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the confessional statement of a co-accused recorded in police custody can form the basis for denying anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • clean antecedent
  • Section 30(a) Bihar Excise Act
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.42741 of 2026
                          Arising Out of PS. Case No.-125 Year-2026 Thana- PUNPUN District- Patna
                 ======================================================
                 Nitesh Manjhi @ Nitesh Kumar @ Nitish Manjhi @ Nitish Kumar S/o Late
                 Ramchandra Manjhi Resident of Village- Aduli Chak, P.S.- Pun-Pun, Dist.-
                 Patna
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rakesh Bihari Singh
                 For the Opposite Party/s :         Mr. Mohammad Sufyan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-07-2026                   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 offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 500 liters of liquor from an Auto.

                                 4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of the

                   seized Auto and came to be implicated based on confessional

                   statement of Munna in police custody which does not have any

                   evidentiary value, when petitioner admittedly is a person with clean

                   antecedent.

                                 5. Learned A.P.P. for the State opposes the prayer for
            Patna High Court CR. MISC. No.42741 of 2026(2) dt.02-07-2026
                                                        2/2




                      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 before the learned Trial Court within a period

                      of six weeks from today, be released on Provisional anticipatory

                      bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred)

                      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 Punpun P.S. Case No. 125 of 2026 subject to the

                      conditions as laid down under Section 482 (2) of the BNSS.

                                   7. It is made clear that thereafter the learned Trial Court

                      shall verify the criminal antecedent of the petitioner and in the event

                      if it is found that petitioner has antecedent of even one case then it

                      would be presumed that petitioner, for the purposes of seeking

                      anticipatory bail, had concealed his antecedent before this Court, as

                      such, the provisional anticipatory bail order shall not be confirmed,

                      but after verification if it is found that petitioner is a person with

                      clean antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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