Manish Kumar @ Manish Choudhari Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Manish Kumar @ Manish Choudhari Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail granted: petitioner to be released on bail upon arrest or surrender within six weeks, on bail bond of Rs.5000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions; confirmation by the trial court contingent on verification that the petitioner has antecedent of only one case.

Issue for consideration

Whether the petitioner, apprehending arrest in Fatehpur P.S. Case No.202/2017 (Sections 272, 273, 34 IPC; Section 30(A) Bihar Prohibition and Excise Act, 2016), is entitled to anticipatory bail.

Court's answer

On consideration of counsel's submissions, the petitioner, in the event of his arrest or surrender within six weeks, is to be released on provisional anticipatory bail on furnishing a bail bond of Rs.5000/- with two sureties of the like amount each, to the satisfaction of the trial court, subject to conditions under Section 482(2) BNSS, in connection with Fatehpur P.S. Case No.202/2017.

Ratio / Principle

The trial court shall thereafter verify the petitioner's criminal antecedents: if antecedent of more than one case is found, it will be presumed the petitioner concealed his antecedents before this Court and the provisional anticipatory bail order shall not be confirmed; if only one case is found, the provisional order shall be confirmed forthwith.

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J), Criminal Miscellaneous No.29959 of 2026, order dated 06-05-2026: The Court granted provisional anticipatory bail to Manish Kumar @ Manish Choudhari, who apprehended arrest in Fatehpur P.S. Case No.202/2017 (District Gaya), registered for offences under Sections 272, 273, 34 IPC and Section 30(A) of the Bihar Prohibition and Excise Act, 2016, the allegation being recovery of 70 litres of liquor from two motorcycles, one of which allegedly belonged to the petitioner. The petitioner, in the event of arrest or surrender within six weeks, was to be released on provisional anticipatory bail on a bond of Rs.5000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the B.N.S.S. The trial court was directed to verify the petitioner's criminal antecedents: if more than one case were found, it would be presumed the petitioner had concealed his antecedents and the provisional order would not be confirmed; if only one case were found, the provisional order would be confirmed forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29959 of 2026

Arising Out of PS. Case No.-202 Year-2017 Thana- FATEHPUR District- Gaya

======================================================

Manish Kumar @ Manish Choudhari Son of Ramrup Chaudhary Resident of Village- Korma PS- Chandauti District -GayaJi

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. Anant Kumar 1 ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 06-05-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 272, 273, 34 of the IPC and Section 30(A) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 70 litres of liquor from two motorcycles. It is next submitted 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 vehicle. It is next submitted that no prudent person would use his own vehicle for committing an

Patna High Court CR. MISC. No.29959 of 2026(2) dt.06-05-2026 2/3

occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that the petitioner was completely unaware that his friend would misuse his vehicle in the manner as alleged who also fled from the spot.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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.5000/- (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 Fatehpur P.S. Case No.202/2017, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than one case, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of one

Patna High Court CR. MISC. No.29959 of 2026(2) dt.06-05-2026 3/3

case, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

amit/-

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