Patna High Court
Manan Singh @ Manan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted when the petitioner has a clean antecedent and the prosecution’s evidence is weak, subject to verification under Section 482(2) of the BNSS.
Summary
Manan Singh sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 800 litres of spirit from a public bush. He argued that he has a clean antecedent, was not arrested at the spot, had no possession of the liquor, and the case relied solely on a confessional statement made by Dipak while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court examined these submissions and, noting the weak evidential basis and the petitioner's clean record, granted provisional anticipatory bail subject to a bond of Rs 500 and two sureties, with the condition that the trial court verify his antecedent. The order further stipulated that if any prior case is discovered, the bail would be cancelled; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged recovery is from a public place and the only evidence is a confessional statement made in police custody.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- confessional statement
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9459 of 2026
Arising Out of PS. Case No.-533 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Manan Singh @ Manan Kumar Singh Son of Anil Singh Resident of Village-
Gangoi, P.S.- Isuapur, District- Saran at Chhapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Thakur
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 the
petitioner is a person with clean antecedent and allegation is of
recovery of 800 litres of spirit from bush.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner and
is accessible to public at large and he came to be implicated based on
confessional statement of Dipak in police custody which does not
have any evidentiary value.
Patna High Court CR. MISC. No.9459 of 2026(2) dt.23-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
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 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 Bhagwanpur Hat
P.S. Case No. 533 of 2025, 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)
Sumit/-
U T
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