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Patna High Court

Manoj Kumar 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

Manoj Kumar Yadav was implicated in a case under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act for allegedly transporting 228 litres of liquor in his vehicle. He argued that he was not arrested at the scene, had no conscious possession of the liquor, and was unaware that his driver misused the vehicle. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed verification of his criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would be revoked; if exactly two, the bail would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances alleged
  • Whether ownership of the vehicle and lack of conscious possession negate liability under IPC 272, 273 and Bihar Excise Act 30(a)
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • IPC 272
  • IPC 273
  • Bihar Excise Act
  • vehicle ownership
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17163 of 2026
                   Arising Out of PS. Case No.-202 Year-2024 Thana- KESARIA District- East Champaran
                 ======================================================
                 Manoj Kumar Yadav S/o Harendra Prasad Yadav @ Harendra Ray Resident
                 of village - Kadan, P.S.- Kesariya, Distt.- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 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, Sri Chandra Bhushan Prasad.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 272 and

                   273 of Indian Penal Code and Section 30(a) of the Bihar Excise

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 228 litres of liquor from a car.

                             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

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.17163 of 2026(2) dt.19-03-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his driver would misuse the vehicle in the manner as

          alleged, who fled from the spot. It is also submitted that

          inadvertently at para-12, it has been pleaded that petitioner is

          not the owner of the car.

                   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 before the learned trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees

          Ten 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 Kesariya (Bijdhari)

          P.S. Case No. 202 of 2024, 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 more than two

          cases then it would be presumed that petitioner, for the purposes of
              Patna High Court CR. MISC. No.17163 of 2026(2) dt.19-03-2026
                                                          3/3




                        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 has

                        antecedent of two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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