Patna High Court
Manoj Yadav @ Manoj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent cases and compliance with the conditions under Section 482(2) of the BNSS.
Summary
Manoj Yadav sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for allegedly recovering 51.84 litres of liquor from a vehicle. He argued that he was not caught in possession, was not the owner of the vehicle, and was implicated solely on secret information without proper investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one antecedent exists, the provisional bail will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Excise Act for alleged possession of liquor.
- Whether the petitioner’s lack of seizure from his conscious possession and reliance on secret information justify anticipatory bail.
- What conditions may be imposed on anticipatory bail, particularly concerning verification of criminal antecedents.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Excise Act — s. 30(a), 41(1)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- secret information
- criminal antecedent
- Bihar Excise Act
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18828 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- GORIAKOTHI District- Siwan
======================================================
Manoj Yadav @ Manoj Kumar Yadav Son of Manager Yadav Resident of
Village- Sisai, Chakia Tola, P.S.- Goreakothi, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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 30(a) and
41 (1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 51.84 liters of liquor from a car.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized vehicle and came to be implicated based on
secret information which is the easiest way to implicate
someone. It is also submitted that once an accused is implicated
Patna High Court CR. MISC. No.18828 of 2026(2) dt.25-03-2026
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in a case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
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.
5,000/- (Rupees 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
Goreakothi P.S. Case No. 330 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 more than one
case 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 has
Patna High Court CR. MISC. No.18828 of 2026(2) dt.25-03-2026
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antecedent of one case only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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