Supreme Court grants leave in anticipatory bail denial case under Bihar Prohibition and Excise Act

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made

Published 6 November 2026

Case: Mantosh Kumar @ Mantosh Kumar Singh vs The State Of Bihar
Court: Supreme Court of India
Decided: 5 November 2026
Statutes: Bihar Prohibition and Excise Act, 2016 — s.30(f)
Source: Indian Kanoon (Supreme Court Orders)

Bottom Line Up Front (BLUF)

In Mantosh Kumar @ Mantosh Kumar Singh vs The State Of Bihar, decided on 2026-11-05, the Supreme Court of India granted leave to appeal against the Patna High Court's denial of anticipatory bail. The case concerns an offence under Section 30(f) of the Bihar Prohibition and Excise Act, 2016, registered in FIR No. 465/2023.

Ratio Decidendi · Legal Principle Established

The Supreme Court granted leave to appeal, indicating that the denial of anticipatory bail by the High Court warrants further consideration.

Practice & Procedural Impact for Advocates

Advocates should note that the Supreme Court may intervene in anticipatory bail matters, especially when High Courts deny relief. Litigants seeking anticipatory bail under specific state prohibition laws may find recourse in the Supreme Court if High Court orders are adverse.

Key Legal Takeaways

1Supreme Court granted leave in an anticipatory bail matter.
2The case involves an offence under the Bihar Prohibition and Excise Act, 2016.
3The appeal challenges a Patna High Court order denying anticipatory bail.

The Legal Issue The appellant, Mantosh Kumar @ Mantosh Kumar Singh, sought anticipatory bail in connection with P.S. Case/First Information Report (FIR) No. 465/2023, registered with Police Station – Excise Naugachia, District – Bhagalpur, Bihar. The offence alleged is punishable under Section 30(f) of the Bihar Prohibition and Excise Act, 2016. The High Court of Judicature at Patna had denied his application for anticipatory bail via an order dated 05.02.2026, passed in Criminal Miscellaneous No. 79200/2025.

Court's Reasoning The Supreme Court considered the appellant's grievance regarding the denial of anticipatory bail by the Patna High Court. After reviewing the matter, the Supreme Court decided to grant leave, thereby allowing the appeal to proceed for a full hearing. The order does not detail the specific reasons for granting leave but indicates that the denial of anticipatory bail in this case warrants further judicial scrutiny.

What Follows With leave granted, the appeal will now be heard by the Supreme Court on its merits. This means the Supreme Court will examine the High Court's decision to deny anticipatory bail and determine whether it was legally sound. The outcome could potentially set a precedent for similar anticipatory bail applications under the Bihar Prohibition and Excise Act, 2016.