Allowed¶20

Nitesh Manjhi @ Nitesh Kumar @ Nitish Manjhi @ Nitish Kumar v. The State of Bihar

Patna HC2 Jul 2026CR. MISC./42741/2026

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.42741 of 2026, decided 02-07-2026 by Satyavrat Verma, J.: provisional anticipatory bail under Section 482(2) BNSS in a Section 30(a) Bihar Excise Act case (Punpun P.S. Case No. 125 of 2026; alleged recovery of 500 liters of liquor from an auto); Rs. 500 bail bond with two like sureties, six-week surrender window, confirmation subject to Trial Court verification of criminal antecedents.

What did the court decide?

Provisional anticipatory bail granted: release upon arrest or surrender before the learned Trial Court within six weeks on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to the conditions under Section 482(2) BNSS; confirmation contingent on Trial Court verification of clean criminal antecedents. ¶20

Nitesh Manjhi @ Nitesh Kumar @ Nitish Manjhi @ Nitish Kumar… — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Punpun P.S. Case No. 125 of 2026 registered for offences punishable under Section 30(a) of the Bihar Excise Act, is entitled to anticipatory bail.

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Court's answer

In the event of his arrest or surrender before the learned Trial Court within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each, to the satisfaction of the Trial Court where the case is pending, subject to the conditions laid down under Section 482(2) of the BNSS.

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Ratio / Principle

The learned Trial Court shall verify the criminal antecedent of the petitioner; if even one case is found, it would be presumed that the petitioner concealed his antecedent for the purposes of seeking anticipatory bail and the provisional anticipatory bail order shall not be confirmed; if verification shows clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.

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Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Satyavrat Verma, J.) grants PROVISIONAL anticipatory bail to a petitioner apprehending arrest in Punpun P.S. Case No. 125 of 2026 under Section 30(a), Bihar Excise Act (alleged recovery of 500 liters of liquor from an auto): release upon arrest or surrender within six weeks on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS. Confirmation of the provisional order is made conditional on the Trial Court verifying the petitioner's criminal antecedents — antecedent of even one case is to be presumed concealment leading to non-confirmation; verified clean antecedents lead to confirmation forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42741 of 2026

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Arising Out of PS. Case No.-125 Year-2026 Thana- PUNPUN District- Patna

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

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Nitesh Manjhi @ Nitesh Kumar @ Nitish Manjhi @ Nitish Kumar S/o Late Ramchandra Manjhi Resident of Village- Aduli Chak, P.S.- Pun-Pun, Dist.Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Bihari Singh For the Opposite Party/s : Mr. Mohammad Sufyan ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 02-07-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 500 liters of liquor from an Auto.

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Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized Auto and came to be implicated based on confessional statement of Munna in police custody which does not have any evidentiary value, when petitioner admittedly is a person with clean antecedent.

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Learned A.P.P. for the State opposes the prayer for

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Patna High Court CR. MISC. No.42741 of 2026(2) dt.02-07-2026 2/2

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anticipatory bail of the petitioner.

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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. 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 Punpun P.S. Case No. 125 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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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.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Nitesh Manjhi @ Nitesh Kumar @ Nitish Manjhi @ Nitish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nitesh Manjhi @ Nitesh Kumar @ Nitish Manjhi @ Nitish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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