Patna High Court
Manoj RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.
Summary
Manoj Rai, the owner of a vehicle from which 59.100 litres of liquor was recovered, was charged under Section 414 IPC and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He pleaded that he had no prior criminal record, was not in possession of the liquor, and was unaware that his vehicle was being misused by another person. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted a provisional anticipatory bail order, requiring a bail bond of Rs.500 with two sureties and directing the trial court to verify his antecedents before confirming the bail. If any prior case is found, the bail will not be confirmed; if he is found clean, the bail will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of illicit liquor.
- Whether ownership of the vehicle used in the alleged offence makes the petitioner liable under Section 414 IPC and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities (B.N.S.S.) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Indian Penal Code — s. 414
Subjects
- anticipatory bail
- Section 414 IPC
- Bihar Prohibition and Excise Act
- clean antecedent
- vehicle ownership
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20282 of 2026
Arising Out of PS. Case No.-17 Year-2022 Thana- JANDAHA District- Vaishali
======================================================
Manoj Rai son of Late Gopal Rai Resident Of Village -Diwantok, Ps-
Gangabridge, Dist -Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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 offence punishable under Section 414 IPC and
Section 30(a) of Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 59.100 litres of liquor from an auto. It is next
submitted that 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 his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.20282 of 2026(2) dt.17-04-2026
2/3
would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that Awadhesh would misuse his vehicle in
the manner as alleged who was also apprehended from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Jandaha P.S. Case No.17/2022, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.20282 of 2026(2) dt.17-04-2026
3/3
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.