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Patna High Court

Manoj Kumar @ Manoj Rai @ Manoj Kumar YadawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted as the petitioner had no conscious possession of the liquor and possessed a clean antecedent.

Summary

Manoj Kumar, the owner of a motorcycle from which 5.94 litres of foreign liquor was seized, applied for anticipatory bail under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. He argued that the bike was being used by his friend Arun Rawat and that he had no connection with the liquor, emphasizing his clean antecedent. The State opposed the bail. The court noted that the illicit liquor was not found in the petitioner's conscious possession and that he had no prior criminal record. Consequently, the court granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023. The order directs the petitioner to surrender within four weeks if arrested.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S., 2023 in a case arising under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
  • Whether mere ownership of the vehicle used in the alleged offence precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • foreign liquor
  • Bihar Prohibition & Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27482 of 2026
                        Arising Out of PS. Case No.-80 Year-2026 Thana- PANAPUR District- Saran
                 ======================================================
                 Manoj Kumar @ Manoj Rai @ Manoj Kumar Yadaw S/o Ramnath Rai @
                 Ramnath Ray R/o Vilage - Bangara Dumarsan, P.S. - Mashrakh, Dist. - Saran
                 at Chapra.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kumar Binode Bariar
                 For the Opposite Party/s :       Mr.Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   13-05-2026                       Heard learned counsel for the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Panapur P.S. Case No.80 of 2026, F.I.R dated

                   13.03.2026, registered for the offences punishable under

                   Sections 30(a) of Bihar Prohibition & Excise Act, 2016.

                                3. As per the prosecution case, the police recovered

                   5.940 liters of foreign liquor from the dickey of a motorcycle,

                   bearing registration no. BR29AL 1303

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in this case merely on the

                   basis of being the owner of the motorcycle in question. As a

                   matter of fact, the said motorcycle was being driven by the

                   petitioner’s friend, namely Arun Rawat, who had taken the

                   motorcycle on account of his mother’s illness. The petitioner has

                   no connection with the seized liquor in question. It has lastly

                   been submitted that the petitioner has a clean antecedent and is
           Patna High Court CR. MISC. No.27482 of 2026(3) dt.13-05-2026
                                                       2/2




                     ready to abide by the terms and conditions in case the privilege

                     of anticipatory bail is extended in his favour.

                                   5. Learned APP for the State opposes the prayer for

                     anticipatory bail application.

                                   6. Regard being had to the submissions made by the

                     parties, and taking into consideration the fact that the illicit

                     liquor has not been recovered from the conscious possession of

                     the petitioner and further that the petitioner has a clean

                     antecedent, this Court is inclined to grant anticipatory bail to the

                     petitioner.

                                   7. Let the petitioner, above named, be released on

                     anticipatory bail in the event of arrest or surrender before the

                     court below within a period of four weeks from today on

                     furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                     two sureties of the like amount each to the satisfaction of

                     learned 2nd Exclusive Special Excise Judge, Saran at Chhapra, in

                     connection with Panapur P.S. Case No.80 of 2026 subject to the

                     condition as laid down under Section 482(2) of the B.N.S.S.,

                     2023.


                                                                          (Ajit Kumar, J)

shikha/-Rajan/-

U      T


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