Patna High Court
Manish YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that the petitioner is entitled to anticipatory bail, subject to a bond and conditions, as there is no material evidence of his involvement and he has a clean antecedent.
Summary
Manish Yadav was implicated in a case involving 175 litres of illicit liquor alleged to have been recovered from a truck, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner claimed he was not present at the scene, had no possession of the liquor, and possessed a clean criminal record. The State opposed his bail, arguing the seriousness of the offence. The court examined the lack of direct evidence linking the petitioner to the contraband and his spotless antecedent. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.30,000 and comply with conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023. The order was made subject to surrender within four weeks if arrested.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case of alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018
- Whether the clean criminal antecedent and lack of possession justify grant of anticipatory bail
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 30(a)
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21910 of 2026
Arising Out of PS. Case No.-515 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
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Manish Yadav Son of Budh Sagar Yadav Resident of village -Sabbalpur
Silahata PS- Rasra Distt -Ballia State- UP
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Anand, Adv.
For the Opposite Party/s : Mr.Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Udwant Nagar P.S. Case No.515 of 2025, for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2018.
3. As per the prosecution, the total recovery of 175
litres of illicit liquor have alleged to be made from a Truck,
which is the subject matter of the present case.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that petitioner was not present on the place of
occurrence and his name has been transpired only on suspicion.
Counsel further submits that criminal antecedent of the
Patna High Court CR. MISC. No.21910 of 2026(2) dt.08-04-2026
2/2
petitioner is clean. He further submits that nothing has been
recovered from conscious possession of the petitioner.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
petitioner is clean.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Special Excise Judge-II at Ara, Bhojpur, in
connection with Udwant Nagar P.S. Case No.515 of 2025,
subject to the conditions as laid down U/s 482(2) of the BNSS,
2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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