Patna High Court
Manish Kumar Singhania @ Manish Kumar SinghaniyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of antecedents.
Summary
Manish Kumar Singhania applied for anticipatory bail after a case was registered under Section 30(a) of the Excise Act alleging that 2,479.2 litres of liquor were recovered from two trucks, one of which he owned. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that his vehicle would be misused. The State opposed the bail, contending that the ownership of the vehicle linked him to the alleged offence. The Court considered the provisions of Section 438(2) of the Criminal Procedure Code and the petitioner’s antecedent record. It granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of his criminal antecedents by the trial court. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed, otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438(2) CrPC for offences under Section 30(a) of the Excise Act
- Whether ownership of a vehicle used in the alleged offence justifies denial of anticipatory bail
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 30 Excise Act
- Section 438 CrPC
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86289 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- KRITYANAND NAGAR District-
Purnia
======================================================
Manish Kumar Singhania @ Manish Kumar Singhaniya Son of Late
Ramanand Singhaniya Resident of Gadhpura ward no. 17, P.S.- Gadhpura,
District- Begusarai, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajnish Kumar Singh
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 2479.2 litres of liquor from two trucks.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of one of the
seized truck. It is next submitted that no prudent person would
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use his own vehicle for committing a crime and thus, would
create evidence against himself and hence, would get implicated
and at the same time shall bring disrepute to his business. It is
further submitted that petitioner was completely unaware that
Rajeev would misuse the vehicle in the manner as alleged as he
was also apprehended at the spot. It is next submitted that earlier
also in the same manner, petitioner came to be implicated.
5. Learned A.P.P. Sri Chandra Bhushan Prasad
opposes the anticipatory bail application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.5,000/- (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 K. Nagar P. S. Case No.219 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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