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Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his criminal antecedents.

Summary

Manoj Kumar, the owner of a Tata Mini truck, was implicated in the seizure of 826.3 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and that his driver, in collusion with the consignee, misused his vehicle without his knowledge. The State opposed his prayer for anticipatory bail. The Court, considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. Act. The order directs that if the petitioner is found to have a clean antecedent, the bail will be confirmed; otherwise, it will not be confirmed. The decision balances the presumption of innocence with the need to ensure compliance with bail conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the petitioner’s alleged lack of possession and clean antecedent justify granting anticipatory bail.
  • Whether conditions under Section 482(2) of the B.N.S.S. Act can be imposed on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition law
  • liquor seizure
  • vehicle owner liability
  • clean antecedent
  • Section 30
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22532 of 2026
                     Arising Out of PS. Case No.-55 Year-2021 Thana- DEEPNAGAR District- Nalanda
                 ======================================================
                 Manoj Kumar Son of Late Surya Moti Saw R/o Village - Pakaribaraw, P.S. -
                 Pakaribaraw, Dist. - Nawada(Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhay Kumar Singh
                 For the Opposite Party/s :      Mr. Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                  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 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 826.3 litres of liquor from a Tata Mini truck. 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 would create evidence against himself and at the same time
Patna High Court CR. MISC. No.22532 of 2026(2) dt.08-04-2026
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          shall bring disrepute to his business and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that his driver in connivance with the

          consignee 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 Deepnagar P.S. Case No.55/2021, 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
             Patna High Court CR. MISC. No.22532 of 2026(2) dt.08-04-2026
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                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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