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Patna High Court

MANOJ YADAVversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent.

Summary

Manoj Yadav applied for anticipatory bail after a case was registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 alleging recovery of liquor from a location adjacent to his house and from a motorcycle. He argued that he was not arrested, that the seized liquor was not in his conscious possession, and that the complaint was motivated by a personal dispute with a watchman. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, subject to verification of the petitioner’s criminal antecedent. It directed that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 Cr.P.C. in a case involving alleged possession of liquor under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the recovery of liquor from premises adjacent to the petitioner’s house and from a motorcycle constitutes possession sufficient for arrest.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • Section 30
  • Section 438
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25580 of 2026
                   Arising Out of PS. Case No.-495 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 MANOJ YADAV S/O MIRJA YADAV R/o vill - Gamrahiya, P.S.- Jadopur,
                 Dist.- Gopalganj
                                                                 ... ... Petitioner/s
                                          Versus
                 The State of Bihar
                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar Alias Ashok Karn, Advocate
                 For the Opposite Party/s :      Mr. Aditya Narayan Singh.1, A.P.P.
                 ======================================================
                 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 Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 39.200 litres of liquor from a place

                   in front of the door of the petitioner and 21 litres of liquor from

                   a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   but then is adjacent to his door and is not the owner of any of
Patna High Court CR. MISC. No.25580 of 2026(2) dt.21-04-2026
                                            2/3




          the seized vehicle It is further submitted that petitioner came to

          be implicated at the instance of the Chawkidar with whom he is

          on an inimical term. It is next submitted that once an accused is

          implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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 appearing on behalf of the petitioner, let 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.5,000/- (Rupees

          Five Thousand) 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 Kuchaikot P.S.

          Case No. 495 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than one
           Patna High Court CR. MISC. No.25580 of 2026(2) dt.21-04-2026
                                                       3/3




                     case, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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