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Patna High Court

Manoj Ray @ Manoj RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.17117 of 2026(2) dt.19-03-2026
                                            2/3




          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
              Patna High Court CR. MISC. No.17117 of 2026(2) dt.19-03-2026
                                                          3/3




                        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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