Patna High Court
Manjay Lal YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedents.
Summary
Manjay Lal Yadav sought anticipatory bail after the police registered a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022 alleging recovery of large quantities of liquor from premises adjacent to his house and from two motorcycles. The petitioner argued that no liquor was found in his possession, the recovery site did not belong to him, and the case was based solely on a confessional statement made in police custody, which he claimed lacked evidentiary value. He also highlighted a history of 15 prior cases, 12 of which were under the Excise Act, asserting that the police mechanically implicate individuals in excise matters without proper investigation. The State opposed the anticipatory bail. The court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.75,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, with the bail to be confirmed only if the antecedent count does not exceed fifteen.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending excise case.
- Whether the confessional statement made in police custody can form the basis for arrest.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- confessional statement
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14971 of 2026
Arising Out of PS. Case No.-521 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Manjay Lal Yadav S/O Munni Lal Yadav Resident Of Sittalpatti, Sarairanjan,
P.s.- Sarairanjan, Dist-samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj
For the Opposite Party/s : Mr. Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 30-03-2026 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 Sections 30(a) and
41(1) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 15 cases, out of which, 12 cases are
under the Excise Act and allegation is of recovery of 435.96
litres of liquor from a place behind the house of petitioner and
18 litres of liquor from two motorcycles. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to his house and is not the owner of any of
Patna High Court CR. MISC. No.14971 of 2026(3) dt.30-03-2026
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the seized vehicle and he came to be implicated based on
confessional statement of Manjay in police custody which does
not have any evidentiary value. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation. It is next submitted that earlier
petitioner in similar manner also came to be implicated in cases
relating to excise.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.75,000/- (Rupees Seventy 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 Dalsinghsarai P.S.
Case No.521/2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
Patna High Court CR. MISC. No.14971 of 2026(3) dt.30-03-2026
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than 15
cases, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of 15
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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