Manish Singh @ Manish Kumar Singh v. The State Of Bihar
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 VillageKhaira, 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 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 coaccused 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