Patna High Court
Manoj Yadav @ Manoj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied anticipatory bail, directing the petitioner to surrender within four weeks for the trial court to consider a bail application.
Summary
The petitioner, Manoj Yadav, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that no liquor was recovered from his possession and that his name was linked to the case only through secret information. The prosecution alleged recovery of 396 litres of illicit liquor and highlighted the petitioner’s five pending excise cases, arguing that his criminal antecedent was not clean. The petitioner’s counsel contended innocence and lack of direct involvement, while the State’s APP emphasized the pending cases as a factor against bail. The High Court, after considering the facts, declined to grant anticipatory bail, directing that the petitioner surrender within four weeks and that the trial court decide on a bail application at that time. The order emphasizes that the anticipatory bail is rejected without prejudice to a surrender‑cum‑bail application before the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the alleged recovery of illicit liquor.
- Whether the petitioner’s criminal antecedent and the nature of the offence justify denial of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30(a)
- criminal antecedent
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26943 of 2026
Arising Out of PS. Case No.-440 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Manoj Yadav @ Manoj Kumar Yadav Son of Laxmi Yadav @ Lakshmi
Narayan Yadav Resident of Village - Inarwa, P.S.- Phulparas, District -
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Phulparas P.S. Case No. 440 of 2025 lodged on
23.10.2025, for the offence punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022,
pending in the Court of Exclusive Special Judge (Excise),
Jhanjharpur, Madhubani.
3. As per the prosecution, FIR has been lodged against
the sole petitioner. Total recovery of 396 litres of illicit liquor
has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.26943 of 2026(2) dt.22-04-2026
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petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
possession of the petitioner and the said recovery has been made
from an open hut near the canal. Counsel submits that the
petitioner’s name has figured in this case only on the basis of
secret information and disclosure of local chowkidar. Counsel
further submits that the criminal antecedent of the petitioner is
not clean as there are five cases pending against him and in all
the cases, he is on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
petitioner is not clean as there are five cases pending against
him and all the cases are registered under Excise Act and this
aspect must be taken into consideration.
6. As such, in the present facts and circumstances, this
Court is not inclined to grant bail to the petitioner. Accordingly,
the prayer for anticipatory bail of the petitioner stands rejected.
7. However, if petitioner surrenders before the
concerned Trial Court within a period of 4 weeks from today
then in that case, the Trial Court is directed to pass order on his
surrender-cum-bail application on the same day, without being
prejudice that the anticipatory bail of the petitioner has been
Patna High Court CR. MISC. No.26943 of 2026(2) dt.22-04-2026
3/3
rejected by this Court and the Trial Court shall pass order on the
merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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