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Patna High Court

Manoj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the petitioner had no incriminating material in his possession and possessed a clean antecedent, making the bail appropriate under the law.

Summary

The petitioner, Manoj Kumar Singh, sought anticipatory bail after being implicated in a case involving the seizure of 7,300 litres of illicit liquor and three motorcycles, one of which he owned. The prosecution alleged offences under Sections 413 and 414 of the IPC and Sections 30(a), 30(c), and 41 of the Bihar Prohibition and Excise Act, but no incriminating material was found on the petitioner or his motorcycle. The petitioner argued that his involvement was merely due to the presence of his vehicle at the site and highlighted his clean antecedent. The State opposed the bail application. The Court, considering the nature of the accusation and the petitioner's clean record, granted anticipatory bail, directing that if arrested within eight weeks, he be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged involvement in illicit liquor offences.
  • Whether the presence of the petitioner's motorcycle at the seizure site suffices to make him an accused under the cited statutes.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • excise law
  • clean antecedent
  • motor vehicle seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20006 of 2026
                       Arising Out of PS. Case No.-421 Year-2021 Thana- SIRDALA District- Nawada
                 ======================================================
                 Manoj Kumar Singh Son of Late Gaya Prasad Singh Resident Of Village-
                 New Area, Patalpuri, Nawada, Ps- Nawada town, Dist- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 413, 414 of the Indian

                   Penal Code and Sections 30(a), 30(c) and 41 of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, total 7300 litres illicit

                   liquor was recovered from brick kiln along with three

                   motorcycles parked at the spot. Petitioner is owner of one of the

                   seized motorcycles.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner or from his motorcycle. Petitioner

                   has got no concern with the alleged recovery and he has been

                   made accused in this case merely because his motorcycle was
              Patna High Court CR. MISC. No.20006 of 2026(2) dt.08-04-2026
                                                          2/2




                        found parked at the spot. Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State opposed the bail

                        application.

                                     6. Considering nature of accusation and clean

                        antecedent, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of learned Special Judge,

                        Excise-1, Nawada in connection with Sirdala P. S. Case No. 421

                        of 2021, subject to condition as laid down under Section 482(2)

                        of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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