Patna High Court
Manoj Kumar Yadav @ Manoj MunsiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted subject to a monetary bond, sureties, and a condition to deposit Rs 25,000 in a charitable institution, in accordance with Sections 438(2) CrPC and 482 BNSS.
Summary
Manoj Kumar Yadav applied for bail fearing arrest in an excise case where 801 litres of illicit liquor were seized, the offence being under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. He claimed innocence and offered to donate Rs 25,000 to a charitable institution without admitting guilt. The Court noted that he had not been arrested at the spot and considered the bail application. It granted bail on the condition that he furnish a Rs 10,000 bond with two sureties, deposit Rs 25,000 with the Ramakrishna Mission Ashrama and produce the receipt, and comply with the provisions of Section 438(2) of the CrPC and Section 482 of the BNSS. The bail bonds are to be verified for genuineness before acceptance.
Issues considered
- Whether bail can be granted in an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the Court may impose a condition of charitable donation as part of bail.
- Whether the petitioner is entitled to bail despite not being arrested at the scene.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- CrPC Section 438
- BNSS Section 482
- charitable donation condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19497 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Manoj Kumar Yadav @ Manoj Munsi Son of Late Ganesh Yadav @ Moti Lal
Yadav Resident of Village - Belahi (Gamhariya), Police Station - Nadi,
District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Jhanjharpur Excise P.S. Case No. 147 of 2025 for an
offence registered under Section 30(a) of the Bihar Prohibition
and Excise Amendment Act, 2018.
3. As per the prosecution case, 801 liters of illicit
liquor was recovered from a hut.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case.
5. Learned counsel for the petitioner also submits that
the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.19497 of 2026(2) dt.29-04-2026
2/2
organization without accepting his guilt.
6. The name of the petitioner has come during
investigation. Considering the fact that the petitioner was not
arrested at the spot, this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge Excise Act, Jhanjharpur, Madhubani/concerned
court below in connection with Jhanjharpur Excise P.S. Case
No. 147 of 2025, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Ashrama, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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