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Patna High Court

Mannu Yadav @ Manu YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of his criminal antecedent.

Summary

Mannu Yadav sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that 90 litres of liquor were recovered from a location not belonging to him and that the only evidence against him was a confessional statement made by Sagar Singh while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court considered the submissions and, invoking Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Narcotic and Psychotropic Substances Act, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedent. If the trial court finds more than one prior case, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed. The order is subject to verification of antecedents and compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC/Section 482(2) BNSS in view of the alleged recovery of liquor and the confessional statement of a co-accused.
  • Whether the petitioner’s criminal antecedent, if more than one case, warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Prohibition and Excise Act
  • confessional statement
  • police custody
  • criminal antecedent
  • bail bond
  • Section 438 CrPC
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12288 of 2026
                      Arising Out of PS. Case No.-302 Year-2025 Thana- MANIHARI District- Katihar
                 ======================================================
                 Mannu Yadav @ Manu Yadav S/o Late Hari Prasad Yadav R/o Village -
                 Mirzapur Mushahari Tola, P.S - Manihari, District - Katihar
                                                                               ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jitendra Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar No. 2, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-02-2026                  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 offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of recovery of

                   90 litres of liquor from a sack.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner. It is

                   further submitted that petitioner came to be implicated based on the

                   confessional statement of Sagar Singh in police custody which does

                   not have any evidentiary value in the eye of law.

                                5. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.12288 of 2026(2) dt.27-02-2026
                                                       2/2




                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioner, let 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.5,000/- (Rupees Five Thousand) 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 Manihari P.S.

                     Case No. 302 of 2025, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C./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 if it is found

                     that petitioner has antecedent of more than one case, it would be

                     presumed that petitioner had concealed his antecedent before this

                     Court at para 3 of the anticipatory bail application in that event the

                     provisional anticipatory bail order shall not be confirmed but if it is

                     found on verification that petitioner has antecedent of only one case

                     in that event the provisional anticipatory bail order shall be

                     confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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