Patna High Court

Manoj Kumar SinghversusThe State of Bihar

Decided: 7 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court held that provisional anticipatory bail may be granted to the petitioner subject to verification of his antecedents and compliance with the conditions under Section 482(2).

Summary

Manoj Kumar Singh, the owner of a vehicle from which 192.75 litres of liquor was seized, applied for anticipatory bail, claiming he had no knowledge of the offence and that his driver acted independently. The State opposed the bail, arguing the seizure implicated the owner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The court considered the petitioner’s clean antecedent and the fact that the liquor was not found in his immediate possession. It granted provisional anticipatory bail, subject to a modest bond, two sureties, and verification of the petitioner’s criminal record by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether the owner of a vehicle from which liquor is seized can be granted anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
Whether the conditions prescribed under Section 482(2) of the B.N.S.S. can be imposed in granting anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
liquor seizure
vehicle owner liability
Section 30(a)
Section 482(2)
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31061 of 2026
                      Arising Out of PS. Case No.-218 Year-2025 Thana- DIDARGANJ District- Patna
                 ======================================================
                 Manoj Kumar Singh S/o Arvind Singh R/o vill - Bajreyan, P.S.- Bhojpur,
                 Distt.- Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nikhil Kumar Singh
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  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

                   Bihar Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 192.75 litres of liquor from a car.                     It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and he

                   came to be implicated based on the fact that he is owner of the

                   seized vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.31061 of 2026(2) dt.07-05-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his driver would misuse his vehicle in

          the manner as alleged who also fled from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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.500/- (Rupees five hundred) 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 Didarganj P.S. Case No.218/2025, subject to

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

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.31061 of 2026(2) dt.07-05-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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