Patna High Court
Manish RatanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, subject to strict conditions, finding no sufficient ground to deny bail.
Summary
Manish Ratan, the owner of a four‑wheel vehicle, was implicated in a case (Guthani P.S. Case No. 179 of 2023) involving the seizure of 139.68 litres of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He contended that the vehicle had been transferred to Md. Khurshid Alam under an agreement and that he had no knowledge or possession of the liquor, asserting a clean antecedent. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and several conditions, including personal appearance at trial and verification of antecedents. The order emphasized that any observations made would not affect the trial. The bail was ordered to be cancelled if the petitioner violated conditions or was found involved in similar offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged involvement in liquor seizure
- Whether the petitioner’s claim of non‑involvement and transfer of the vehicle to another person is sufficient to merit bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- liquor seizure
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11213 of 2026
Arising Out of PS. Case No.-179 Year-2023 Thana- GUTHANI District- Siwan
======================================================
Manish Ratan, S/O Rama Swami, R/O Near Pump House Sheopur,
Mahendru, P.S.- Sultanganj, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nishant Shekhar, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Guthani P.S. Case No. 179 of 2023 registered for the offences
under Sections 30(a) of the Bihar Prohibition and Excise Act,
2016.
3. The prosecution case is to the effect that the police,
on information, intercepted a four wheeler and one person, who
is said to be the driver, managed to flee. It is further alleged that
on search total 139.68 liters of Indian made foreign liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case merely
because he happens to be the owner of the said vehicle from
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which the recovery is said to have been made. It has further
been submitted that under an agreement the vehicle was given to
one Md. Khurshid Alam and it was he who was liable for any
such recovery which is alleged to have been made. It has next
been submitted that the petitioner has no concern with the
alleged recovery and admittedly no recovery has been made
from his conscious possession or from his house. It has lastly
been submitted that the petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Guthani P.S. Case No. 179 of 2023, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
Patna High Court CR. MISC. No.11213 of 2026(2) dt.17-02-2026
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relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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