Patna High Court
Manoj Kumar Yadav @ Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court held that no prima facie case exists under the Excise Act and therefore granted bail to the petitioner subject to statutory conditions.
Summary
The petitioner, Manoj Kumar Yadav, sought bail anticipating arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged involvement in the concealment of 342 litres of illicit liquor recovered from an open area. The police alleged that the petitioner fled the scene, but no material evidence linked him to the contraband, and the recovery was from a public space. The petitioner argued innocence, citing lack of apprehension by police and that the case rested solely on suspicion, also noting he was already on bail in five other related cases. The State opposed bail, but the Court found no prima facie case and held that bail could be granted subject to conditions under Section 482(2) of the B.N.S.S., 2023. Accordingly, the Court ordered the petitioner to be enlarged on bail upon surrender or arrest within eight weeks, with a bond of Rs.10,000 and two sureties, and imposed conditions for cancellation if undisclosed criminal antecedents emerge.
Issues considered
- Whether the prosecution has established a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner is entitled to bail pending arrest or surrender in the present case.
- Whether the conditions prescribed under Section 482(2) of the B.N.S.S., 2023 are applicable to the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- anticipatory bail
- excise law
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 482(2)
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20464 of 2026
Arising Out of PS. Case No.-414 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Manoj Kumar Yadav @ Manoj Yadav, son of Lakshmi Yadav @ Lakshmi
Narayan Yadav, Resident of Village- Inarwa, Ward No.05, P.S.- Phulparas,
Distt -Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ratnakar Jha, Advocate
For the State : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioner, apprehending his arrest, in connection with Phulparas
PS. Case No.414 of 2025, dated-30.09.2025, registered for the
offences punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. As per allegation, police got secret information that
the Petitioner and other co-accused have hidden some illicit
liquor at a place and subsequently, the police raided the place
and recovered 342 liters of illicit liquor from a bush. However,
before the police reached the place of recovery, one person was
seen to be fleeing away and as per the local chaukidar, the
person who fled away was the Petitioner.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.20464 of 2026(3) dt.24-06-2026
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Petitioner is innocent and has falsely been implicated not only in
this case, but also in five other cases under the Excise Act,
previously, in which he is already on bail. He further submits
that the recovery of illicit liquor has been made from an open
space which is accessible to the public at large. Moreover,
nobody was apprehended by the police and the case of the
prosecution is based only on suspicion. He further submits that
police have
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner has been made accused in five other
cases in which he is on bail.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Seeing the recovery of illicit liquor from an open
space and lack of availability of any legally clinching material
against the Petitioner, no prima facie case under the Excise Act
is made out and hence, the bail petition of the Petitioner is
maintainable.
9. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.20464 of 2026(3) dt.24-06-2026
3/3
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Phulparas PS. Case No.414 of 2025 , subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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