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Patna High Court

Manoj Kumar Yadav @ Manoj MunsiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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