Patna High Court
Manjeet YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Manjeet Yadav was named in a police case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for possessing illicit foreign liquor seized near the banks of the Ganga. The petitioner contended that the liquor was recovered from an open area, not from his possession or premises, and that his identification was based solely on the local chowkidar’s statement. He also pointed out that a co‑accused, Sanni Singh, had already been granted anticipatory bail by a coordinate bench of the same court. Considering these facts and the precedent of bail granted to the co‑accused, the court was inclined to extend the same relief to the petitioner. The application for anticipatory bail was therefore allowed, subject to a bail bond of Rs. 10,000 with two sureties and compliance with Section 438(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in view of the circumstances of the seizure and identification.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30
- Criminal Procedure Code
- Section 438
- bail bond
- open space seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30558 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- Dhobaha District- Bhojpur
======================================================
Manjeet Yadav Son of Vijay Yadav Resident of Village - Mani Ray Ke Tola,
P.S.- Dhobhan, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh
For the Opposite Party/s : Mr. Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail
arises out of Dhobha Police Station Case No. 20 of
2026, dated 01.03.2026, disclosing offence under
Section 30(a) of the Bihar Prohibition and Excise
Act.
3. That the prosecution case, as per the First
Information Report, is that on 01.03.2026, upon
receiving secret information that unknown persons
were doing business of illicit liquor on the banks of
river Ganga, the police force and local chaukidar,
reached to village Salempur at Mani Ram Ke Tola
near the bank of Ganga. During search at Teteriya
Patna High Court CR. MISC. No.30558 of 2026(2) dt.07-05-2026
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Bara, two persons carrying sacks on their heads were
seen, who, on seeing police party, threw away the
sacks and fled away from the place of occurrence.
The local chaukidar identified them as the petitioner
and co-accused Sanni Singh. On search, total 203.97
litres of illicit foreign liquor was recovered from the
sacks near bathan (cowshed).
4. Learned counsel for the petitioner submits that the
petitioner has not committed any offence in the
manner alleged. The petitioner has been made
accused on the basis of disclosure of his name by the
local chowkidar. He next submits that illicit liquor
has not been recovered from conscious possession of
the petitioner and/or premises belonging him and
from perusal of the seizure list it would be evident
that illicit liquor has been recovered from near
bathan (cowshed) situated at Tetariya village which
is open space and is accessible to all and sundry. He
further submits similarly situated co-accused Sanni
Singh @ Sanni Kumar Singh has been granted
anticipatory bail by a Co-ordinate Bench of this
Court in Cr. Misc. No. 30678 of 2026.
Patna High Court CR. MISC. No.30558 of 2026(2) dt.07-05-2026
3/3
5. Regards being had to the submission made by the
parties and taking into consideration the fact that
illicit liquor has been recovered from open space
which is accessible to all and sundry and similarly
situated co-accused person has been granted
anticipatory bail by a Co-ordinate Bench of this
Court, I am inclined to grant the petitioner privilege
of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within
four weeks, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of
the learned Exclusive Special Excise Judge Court
1st , Bhojpur at Ara, in connection with Dhobha
Police Station Case No. 20 of 2026, subject to the
condition laid down under Section 438 (2) of the
Code of Criminal Procedure.
(Anil Kumar Sinha, J)
ashwani/-
U T
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