Patna High Court

Manoj Kumar Yadav @ Manoj YadavversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Manoj Kumar Yadav sought anticipatory bail fearing arrest in a case involving alleged possession of 225 litres of liquor and two Scorpio vehicles. The prosecution alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Amendment Act, 2022, based on a co‑accused’s disclosure. The petitioner contended he was falsely implicated, no incriminating article was found in his possession, and the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the petitioner’s two prior criminal antecedents. The Court, after considering the submissions, granted anticipatory bail on the condition of a Rs 15,000 bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted in view of the allegations against the petitioner
Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Whether the petitioner’s alleged involvement and prior criminal antecedents justify denial of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 132, 274, 275, 317(5), 3(5)

Subjects

anticipatory bail
false implication
liquor smuggling
vehicle seizure
criminal antecedents
Section 103
Section 482
Bharatiya Nyaya Sanhita
Bihar Prohibition and Excise Amendment Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11616 of 2026
                     Arising Out of PS. Case No.-354 Year-2025 Thana- LADANIA District- Madhubani
                 ======================================================
                 Manoj Kumar Yadav @ Manoj Yadav S/o Nagendra Yadav Resident of
                 Village - Yogia, P.S - Ladaniya, District - Madhubani
                                                                              ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Nityanand Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Ladaniya P.S. Case No. 354 of 2025, instituted for the

                   offences under Sections 115(2), 126(2), 109, 132, 317(5), 274,

                   275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section

                   30(a) of the Bihar Prohibition and Excise Amendment Act,

                   2022.

                               3. Prosecution case, in short, is that total 225 litres of

                   liquor was recovered from motorcycle. It is further alleged that

                   there is recovery of two Scorpio vehicles.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted
           Patna High Court CR. MISC. No.11616 of 2026(2) dt.13-02-2026
                                                       2/2




                     that petitioner is in no manner connected with the vehicles in

                     question or the alleged recovery of liquor. The name of the

                     petitioner dragged in this case on the basis of discloser made by

                     one co-accused Ram Kumar Yadav. Learned counsel for the

                     petitioner submitted that general and omnibus allegation has

                     been made against the petitioner. There is no compliance of

                     Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                     It has been submitted on behalf of the petitioner that the

                     petitioner has two criminal antecedents.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                6. Considering the aforesaid facts and circumstances of

                     the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Ladaniya P.S.

                     Case No. 354 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.


                                                     (Rudra Prakash Mishra, J)
manish/-
U      T

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