Patna High Court
Mantu Yadav @ Karan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed anticipatory bail to the petitioner, subject to bond, sureties and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Mantu Yadav, sought anticipatory bail fearing arrest in a case (Vishnupad P.S. Case No. 94 of 2026) for alleged offences under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act involving 30 litres of illicit liquor seized from a motorcycle owned by another person. He contended that he was not the owner of the vehicle and that the informant’s allegation was false, noting that he already had a criminal antecedent for which he was on bail. The State, represented by the Additional Public Prosecutor, opposed the grant of anticipatory bail. After hearing both sides, the Court ordered that anticipatory bail be granted if the petitioner is arrested or surrenders within six weeks, subject to a bail bond of Rs. 10,000 and two sureties, and conditioned on Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. despite the alleged offences under the Bihar Prohibition and Excise Act and his prior criminal antecedent.
- Whether the petitioner can be held liable for the offences under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 482
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23660 of 2026
Arising Out of PS. Case No.-94 Year-2026 Thana- VISHNUPAD District- Gaya
======================================================
Mantu Yadav @ Karan Kumar S/o Durga Yadav Resident of Village-
Maranpur near Shyamli Acadmy, P.S.- Vishnupad, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case
in connection with Vishnupad P.S. Case No. 94 of 2026 dated
23.02.2026 registered for the offences punishable under
Sections 30(a) and 32(iii) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 30 litres of illicit
liquor was recovered from the motorcycle in which there was 18
litres of foreign liquor and 12 litres of beer.
4. Learned counsel for the petitioner has submitted
that petitioner is not the owner of the seized motorcycle in
question and the same belongs to one Mithun Yadav. Petitioner
was not arrested from the spot. Learned counsel for the
petitioner has submitted that from the FIR itself, it is clear that
Patna High Court CR. MISC. No.23660 of 2026(2) dt.22-04-2026
2/2
the informant came to know secretly from the persons that the
person who fled away from the place of occurrence was the
petitioner himself, although in fact no name of person has been
mentioned but only to save their skin as the petitioner was made
accused in one another case earlier, the informant has falsely
alleged this allegation against the petitioner. It has further been
submitted that petitioner has got one criminal antecedent in
which he is on bail.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record, let the
above named petitioner, in the event of his arrest/surrender
within a period of six weeks from today, be enlarged on
anticipatory bail on furnishing bail-bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of the learned court concerned, Gaya in
connection with Vishnupad P.S. Case No. 94 of 2026, subject to
conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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