Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. Act — s. 482(2)
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
2/3
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
3/3
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
Checking your session…