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Patna High Court

Mantu Yadav @ Karan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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