Patna High Court
Manish Singh @ Manish Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and conditions, finding no case made out against him under the Excise Act.
Summary
Manish Singh applied for anticipatory bail in a case where police recovered 16.32 litres of illicit liquor from a co-accused, Jairam Yadav, who alleged in his confessional statement that Singh supplied the liquor. Singh contended that no incriminating material was found on him and that the co-accused's confession has no evidentiary value. The State opposed the bail, citing Singh's three prior similar offences under the Excise Act. The High Court examined whether a confession of a co-accused alone can justify denial of bail and considered the impact of Singh's past convictions. Finding insufficient material against Singh, the Court granted anticipatory bail, subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S., 2023, including cancellation of bail if undisclosed antecedents emerge.
Issues considered
- Whether anticipatory bail can be granted when the only evidence is a co-accused's confessional statement.
- Whether prior criminal antecedents under the Excise Act preclude grant of bail.
- Whether Section 482(2) of the B.N.S.S., 2023 authorises the conditions imposed on bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- confessional statement
- illicit liquor
- excise law
- bail conditions
- prior criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45142 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- BAHERI District- Darbhanga
======================================================
Manish Singh @ Manish Kumar Singh S/o Anil Singh, Resident of Village-
Khaira, P.S.- Pator, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the State : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Baheri P.S. Case No. 113 of 2026, dated
24.02.2026, registered for the offences punishable under Section
30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the allegation, police raided the house of
Jairam Yadav on secret information and recovered 16.320 litre
of illicit liquor. Co-accused/Jairam Yadav has stated in his
confessional statement that the petitioner has supplied illicit
liquor to him.
4. Learned counsel for the Petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that no incriminating material has been
Patna High Court CR. MISC. No.45142 of 2026(2) dt.08-07-2026
2/3
recovered from possession of the petitioner and his name has
transpired in the confessional statement of co-accused/Jairam
Yadav showing that the petitioner has supplied illicit liquor to
him. He further submits that such confessional statement of co-
accused has no evidentiary value. He also submits that petitioner
has three criminal antecedents of similar nature under Excise
Act. However, in these cases, petitioner has been implicated
only on account of confessional statement of co-accused/Jairam
Yadav on the basis of allegation that he used to supply illicit
liquor to the petitioner.
5. On the basis of the material available, no case is
made out against the Petitioner under Excise Act and the
Petitioner is entitled to get anticipatory bail.
6. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
7. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has three criminal antecedents.
8. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
9. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
Patna High Court CR. MISC. No.45142 of 2026(2) dt.08-07-2026
3/3
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned concerned Court Below, in connection with Baheri P.S.
Case No. 113 of 2026, subject to the conditions as laid down
under Section 482 (2) of the B.N.S.S., 2023 and on the
following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent other than
the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing him and getting satisfied
that the petitioner has concealed his criminal antecedents despite
his knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.