Manish Patel @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13035 of 2026 Arising Out of PS. Case No.-370 Year-2025 Thana- BHAGWAN BAZAR District- Saran ====================================================== Manish Patel @ Manish Kumar S/O Sunil Prasad Resident of Village - Gudari Rai Ke Chowk, Ward No. 14, P.S. - Bhagwan Bazar, District - Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Adarsh Ranjan For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2026 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 has antecedent of two cases and allegation is of recovery of 129.24 litres of liquor from an Auto and a motorcycle.

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 is not the owner of any of the seized vehicle and he came to be implicated at the instance of local people, but then the name of the person, who

Patna High Court CR. MISC. No.13035 of 2026(2) dt.15-04-2026 2/3 disclosed the name of the petitioner, is not disclosed in the FIR, which casts an aspersion on the case of the prosecution, when petitioner has not been implicated based on secret information. It is further submitted that of late police has started implicating accused with criminal antecedent, in cases relating to Excise for obvious reason without holding a proper investigation. 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 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. 10,000/- (Rupees Ten 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 Bhagwan Bazar P.S. Case No. 370 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 more than two cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this

Patna High Court CR. MISC. No.13035 of 2026(2) dt.15-04-2026 3/3 Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of two cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T