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

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

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: provisional anticipatory bail on arrest/surrender within six weeks, on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions and verification of criminal antecedents by the trial court (confirmation withheld until antecedents are verified).

Issue for consideration

Whether the petitioner, who apprehends arrest in Excise Pakribarwan P.S. Case No. 21 of 2026 (Sections 30(a), 44 and 47 of the Bihar Excise Act), should be granted anticipatory bail.

Court's answer

Provisional anticipatory bail granted: in the event of arrest or surrender within six weeks, petitioner to be released on bail bond of Rs. 500/- with two sureties of the like amount each, to the satisfaction of the trial court, subject to conditions under Section 482(2) of the BNSS.

Ratio / Principle

The trial court is directed to verify the petitioner's criminal antecedents; if even one prior case is found, it will be presumed that the petitioner concealed his antecedents before this Court and the provisional anticipatory bail shall not be confirmed.

Key takeaways

If, after verification, the petitioner is found to be a person with clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶7

Detailed headnote1 paragraphs

Anticipatory bail - provisional anticipatory bail granted (Satyavrat Verma, J., Patna High Court, CRIMINAL MISCELLANEOUS No.48722 of 2026, decided 16-07-2026): Petitioner apprehending arrest in Excise Pakribarwan P.S. Case No. 21 of 2026, District Nawada, registered under Sections 30(a), 44 and 47 of the Bihar Excise Act, following allegation of recovery of 7.500 litres of liquor from a motorcycle. Counsel submitted petitioner was not arrested from the spot, nothing was recovered from his conscious possession, and he was implicated only as owner of the seized vehicle allegedly misused by co-accused Ankit; State opposed. Court directed release on PROVISIONAL ANTICIPATORY BAIL upon arrest or surrender within six weeks, on bail bonds of Rs. 500/- with two sureties of like amount each, subject to conditions under Section 482(2) of the BNSS. Confirmation made conditional on verification of criminal antecedents by the trial court: if even one prior case is found, concealment before the High Court is presumed and the provisional bail shall not be confirmed; if clean antecedents are verified, confirmation is to follow forthwith. No precedents cited; no impugned order challenged.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48722 of 2026

Arising Out of PS. Case No.-21 Year-2026 Thana- EXCISE PAKRIBARAWAN District-

Nawada

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

Manish Kumar saw @ Manish Kumar son of Sanjay Saw Resident of villageLalpur PS- Kawakol District- Nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sheo Nandan Prasad For the Opposite Party/s : Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 16-07-2026

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 Sections 30(a), 44 and 47 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 7.500 litres of liquor from 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 he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use

Patna High Court CR. MISC. No.48722 of 2026(2) dt.16-07-2026 2/3

his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that Ankit would misuse the vehicle in the manner as alleged, who was also apprehended from the spot.

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 Excise Pakribarwan P.S. Case No. 21 of 2026 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

Patna High Court CR. MISC. No.48722 of 2026(2) dt.16-07-2026 3/3

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/-

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