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Patna High Court

Manjay Lal YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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/-

U        T


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