Patna High Court

Manoranjan Kumar @ Manoranjan Kumar RajakversusThe State of Bihar

Decided: 21 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents.

Summary

Manoranjan Kumar, the petitioner, feared arrest in a case registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Amendment Act, 2018, for allegedly possessing 20 litres of liquor recovered from his motorcycle. He argued that he had a clean antecedent, that the liquor was not in his conscious possession, and that his friend, who fled the scene, had misused the vehicle without his knowledge. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedents. If any antecedent is found, the bail will not be confirmed; if he is found to have a clean record, the bail will be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether ownership of the vehicle from which liquor was recovered suffices to justify arrest.
Application of Sections 30(a) and 41 of the Bihar Prohibition and Excise Amendment Act, 2018.
Whether Section 482(2) of the B.N.S.S. permits the conditional grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
prohibition law
excise
vehicle ownership
clean antecedent
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25321 of 2026
                       Arising Out of PS. Case No.-43 Year-2025 Thana- Kashnagar District- Saharsa
                 ======================================================
                 Manoranjan Kumar @ Manoranjan Kumar Rajak S/o Amerika Rajak R/o vill
                 - Paita Ward No 12, P.S- Sonbarsa Raj, District- Saharsa

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amarnath Jha
                 For the Opposite Party/s :        Mr. Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  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 Sections 30(a), 41 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 20 litres of liquor from a motorcycle. 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 hence would get
Patna High Court CR. MISC. No.25321 of 2026(2) dt.21-04-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged who also fled 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 Kashnagar P.S. Case No.43/2025, 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

          on verification it is found that petitioner is a person with clean

          antecedent, in that event the provisional anticipatory bail order
             Patna High Court CR. MISC. No.25321 of 2026(2) dt.21-04-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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