Created by Fuzzy Cloud

Patna High Court

Manoj Kumar @ Manoj YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.