Patna High Court

Manoj Kumar ChaturvediversusThe State of Bihar

Decided: 9 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Manoj Kumar Chaturvedi, applied for anticipatory bail fearing arrest in a case (Bihpur P.S. Case No. 218 of 2025) alleging that 185.94 litres of foreign liquor were recovered from his Scorpio vehicle under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was not in his possession, that the driver had taken the vehicle for urgent work, and that he had no criminal antecedent. The State opposed the bail, arguing the seriousness of the offence. After hearing both sides, the court decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The bail application was therefore allowed.

Issues considered

Whether anticipatory bail can be granted in a case involving alleged possession of contraband liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s lack of direct possession and clean criminal record justify the grant of bail.
What conditions under Section 482(2) of the BNSS must be imposed for the bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
contraband liquor
Section 482(2)
bail conditions
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3061 of 2026
                      Arising Out of PS. Case No.-218 Year-2025 Thana- BIHPUR District- Bhagalpur
                 ======================================================
                 Manoj Kumar Chaturvedi S/o Late Bidyanand Chaturvedi R/o Village -
                 Hanuman Nagar, Adamapur, P.S - Jogsar, District -Bhagalpur
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed         by the petitioner apprehending his arrest in

                   connection with Bihpur P.S. Case No. 218 of 2025 instituted for

                   the offence under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                3. The case of the prosecution, in short, is that from

                   the Scorpio vehicle of the petitioner altogether 185.94 liters of

                   country made foreign liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of this petitioner and he has been framed in this

                   case as he his the owner of the said vehicle. It has further been

                   submitted that driver has taken the vehicle from him for some
            Patna High Court CR. MISC. No.3061 of 2026(2) dt.09-02-2026
                                                        2/2




                      urgent work and he came to know about the occurrence after

                      two days. Learned counsel for the petitioner has further

                      submitted that the petitioner is having no criminal antecedent.

                                   5. In contra, learned APP appearing for the State has

                      opposed the prayer of bail of the petitioner.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this

                      Court is inclined to enlarge the petitioner on bail. The petitioner

                      is directed to surrender in the Court below within a period of

                      four weeks from today and in the event of his arrest or surrender

                      in connection with Bihpur P.S. Case no. 218 of 2025, he will be

                      enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees

                      Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of learned Additional Sessions Judge-IX, Bhagalpur,

                      subject to the conditions as laid down under Section 482(2) of

                      the BNSS.

                                   7. Accordingly, the present bail application stands

                      allowed.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

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