Patna High Court
Manoj Ray @ Manoj RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to bond and sureties, pending verification of the petitioner’s antecedent.
Summary
Manoj Ray, the owner of a Bolero vehicle and a truck, was implicated in a case (PS Case No. 285 of 2025) for alleged possession of 171.21 litres of liquor and 1,813 cartons of Bajaj Almonds Drops hair oil. He claimed a clean antecedent, argued that the seized items were not in his conscious possession, and that his driver acted without his knowledge. The petitioner sought anticipatory bail, contending that the hair oil is not a banned product and that he should not be held liable for the alleged misuse of his vehicle. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a modest bond and two sureties, directing the trial court to verify the petitioner’s antecedent before confirming the bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bihar Negotiable Settlement System in view of the alleged offences under Sections 273 and 275 IPC and Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged clean antecedent and lack of conscious possession justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 273, 275
Subjects
- anticipatory bail
- Section 273 IPC
- Section 275 IPC
- Bihar Excise Act
- vehicle owner liability
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17117 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- GAIGHAT District- Muzaffarpur
======================================================
Manoj Ray @ Manoj Rai S/O Dhaneshwar Sah R/O Village-Bohran @
Bhagwanpur, P.S- Bochha, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prasoon Kumar
For the Opposite Party/s : Mr.Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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 offences punishable under Sections 275 and
273 of IPC and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 171.21 litres of liquor from a Bolero vehicle and
1813 cartoons of Bajaj Almonds Drops hair oil from a Truck.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized truck.
It is next submitted that no prudent person would use his own
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vehicle for committing an occurrence and thus would create
evidence against himself and hence would get implicated and at
the same time shall bring disrepute to his business, it is further
submitted that petitioner was completely unaware that his driver
would misuse the vehicle in the manner as alleged in the FIR. It
is also submitted that Almonds Drops Hair Oil is not a banned
product, but then it is alleged in the FIR that it was seen that
from the truck, liquor was being unloaded and kept in the
Bolero vehicle with which petitioner has no concern.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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. 500/- (Rupees Five Hundred) 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 Gaighat P.S. Case No. 285 of 2025, subject to
the conditions as laid down under Section 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 in the
event if it is found that petitioner has antecedent of even one case
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then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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