Patna High Court
Manoj Kumar @ Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to verification of his criminal antecedent.
Summary
Manoj Kumar Yadav was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 69.120 litres of liquor from his warehouse. He contended that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and that the misuse was by an employee without his knowledge. The State opposed his prayer for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of his criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision hinged on the principles of anticipatory bail under Section 482(2) of the BNSS and the facts presented.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s clean antecedent and lack of direct possession justify the grant of anticipatory bail.
- Whether a provisional anticipatory bail order pending verification of antecedent is appropriate.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- provisional bail
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22807 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- KHUDWA District- Aurangabad
======================================================
Manoj Kumar @ Manoj Yadav Son of Bhimal Yadav Resident of Village-
Chatar Tola, Raghu Bigha, P.S.- Khudawan, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Chandra Bhaskar
For the Opposite Party/s : Mr. Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 27-04-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 69.120 liters of liquor from warehouse of petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession It is next
submitted that no prudent person would use his own warehouse
for committing an occurrence and thus would create evidence
against himself and hence would get implicated, it is further
Patna High Court CR. MISC. No.22807 of 2026(3) dt.27-04-2026
2/3
submitted that petitioner was completely unaware that his
employee would misuse the vehicle in the manner as alleged
and he came to be implicated based on secret information which
is the easiest way to implicate someone without holding a
proper investigation, when petitioner admittedly is a person with
clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
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 Khudwan
P.S. Case No. 18 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.22807 of 2026(3) dt.27-04-2026
3/3
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Rishabh/-
U T
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