Patna High Court
Manoj Chaudhary @ Manoj ChoudhryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, finding no material linking him to the seized liquor and noting his clean antecedent.
Summary
Manoj Chaudhary applied for anticipatory bail after the police recovered 40 litres of country-made liquor and 800 kg of Jawa Mahua in a 2014 case under Sections 47(a) and (F) of the Excise Act. The petitioner claimed he was falsely implicated, had no possession of the seized liquor, and possessed a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court noted the lack of any material linking the petitioner to the contraband and his clean record, and therefore granted anticipatory bail. The order required a bail bond of Rs.10,000 with two sureties and was subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s alleged involvement in the offences under Sections 47(a) and (F) of the Excise Act can be established
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Excise Act — s. 47(a), 47(F)
Subjects
- anticipatory bail
- Excise Act
- illegal liquor
- clean antecedent
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27498 of 2026
Arising Out of PS. Case No.-471 Year-2014 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Manoj Chaudhary @ Manoj Choudhry S/O Late Chamari Chaudhary R/O
Vill.- Jalalpur, P.S.- Narhat, Dist.- Nawadah.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar
For the Opposite Party/s : Mr. Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the parties.
2. The petitioner is apprehending his arrest in connec-
tion with G.O. Case No.471 of 2014, F.I.R dated 25.04.2014,
registered for the offences punishable under Sections 47(a) and
(F) of Excise Act.
3. As per the prosecution case, the police recovered 40
litres country made liquor and 800 Kg Jawa Mahua, hidden near
the bank of local river, which was destroyed on the spot.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in this case merely on the
basis of suspicion. The petitioner has no connection with the
seized liquor in question. There is no recovery from the con-
scious/ constructive possession of the petitioner. It has lastly
been submitted that the petitioner has clean antecedent and is
Patna High Court CR. MISC. No.27498 of 2026(3) dt.13-05-2026
2/2
ready to abide by the terms and conditions in case the privilege
of anticipatory bail is extended in his favour.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submissions made by the
parties, and taking into consideration the fact that the illicit
liquor has not been recovered from the conscious possession of
the petitioner and further that the petitioner has a clean an-
tecedent, this Court is inclined to grant anticipatory bail to the
petitioner.
7. Let the petitioner, above named, be released on an-
ticipatory bail in the event of arrest or surrender before the court
below within a period of four weeks from today on furnishing
bail bond of Rs. 10,000/- (rupees ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, Excise-2, Nawadah, in connection
with G.O. Case No.471 of 2014, subject to the condition as laid
down under Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J)
Shikha/- Rajan/-
U T
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