Patna High Court
Manoj Kumar 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
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
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 272, 273
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
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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
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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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