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Patna High Court

Manish Kumar @ Karu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to strict conditions, under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioners, five residents of Makanpur village, sought anticipatory bail after being implicated in a case (Noorsarai P.S. Case No. 93 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for allegedly possessing 85 litres of country‑made liquor recovered from an open area. They contended that the liquor was not in their possession, that the accusation rested solely on a chowkidar’s statement, and that some of them had prior criminal cases while others did not. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, ordered that the petitioners be released on anticipatory bail if they surrender within six weeks, subject to a bail bond of Rs.10,000 with two sureties and several conditions, invoking Section 482(2) of the Criminal Procedure Code. The order also stipulated cooperation with the trial, attendance requirements, and provisions for bail cancellation upon non‑compliance or tampering with evidence.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether the circumstances, including the alleged recovery of liquor from an open place and the petitioners' prior criminal records, justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Amendment Act
  • Section 30(a)
  • Section 482(2)
  • illicit liquor
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32572 of 2026
                     Arising Out of PS. Case No.-93 Year-2026 Thana- NOORSARAI District- Nalanda
                 ======================================================
           1.     Manish Kumar @ Karu Yadav, S/o Suresh Yadav, R/o Village - Makanpur,
                  P.S - Noorsarai, District - Nalanda
           2.    Sonu Yadav @ Sonu Kumar, S/o Rajballabh Yadav, R/o Village - Makanpur,
                 P.S - Noorsarai, District - Nalanda
           3.    Subodh Yadav @ Sukhari Yadav, S/o Ramlakhan Yadav, R/o Village -
                 Makanpur, P.S - Noorsarai, District - Nalanda
           4.    Prabhu Chauhan, S/o Rama Chauhan, R/o Village - Makanpur, P.S -
                 Noorsarai, District - Nalanda
           5.    Akela Yadav, S/o Radhe Yadav, R/o Village - Makanpur, P.S - Noorsarai,
                 District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ambrish Kumar, Advocate
                 For the Opposite Party/s :      Mr. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   13-05-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend arrest in connection with

                   Noorsarai P.S. Case No. 93 of 2026 dated 15.02.2026, instituted

                   for the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Amendment Act, 2022.

                                3. The allegation is of recovery of 85 litres country

                   made liquor kept in plastic bags and container from Village-

                   Makanpur which were thrown by 5-6 accused persons.
Patna High Court CR. MISC. No.32572 of 2026(2) dt.13-05-2026
                                            2/3




                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and they have been falsely implicated in

          this case. It is further submitted that nothing has been recovered

          either from the conscious possession or from the house of the

          petitioners rather the said illicit liquor has been recovered from

          an open place, which is accessible to all. The petitioners have

          been made accused in this case only on the basis of disclosure

          made by the local Chowkidar. Lastly, it has been submitted that

          petitioner nos. 1 & 4 have two criminal cases each against them,

          petitioner nos. 3 & 5 have one criminal case each against them

          and petitioner no. 2 has no criminal antecedents.

                       5. Learned A.P.P. has opposed the prayer for bail of

          the petitioners.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, in

          the event of arrest / surrender of the petitioners within a period

          of six weeks from today, in connection with Noorsarai P.S. Case

          No. 93 of 2026, they shall be released on anticipatory bail upon

          furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Exclusive      Special      Excise-II/concerned      court,   subject   to

          condition as laid down under Section 482(2) of the B.N.S.S as
            Patna High Court CR. MISC. No.32572 of 2026(2) dt.13-05-2026
                                                        3/3




                      also to the following conditions:-

                                   1. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the Court

                      and on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   2. One of the bailors will be his own blood relation,

                      preferably father, mother, brother, sister and or his wife.

                                   3. The bailor shall also state on affidavit that he will

                      inform the court concerned if the petitioner is made accused in

                      any other case of similar nature after his release in the present

                      case and thereafter the court below will be at liberty to initiate

                      the proceeding for cancellation of bail on ground of misuse.

                                   4. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   5. The petitioner within two weeks of his release from

                      custody shall appear before the S.H.O. of his local area

                      alongwith a copy of this order and shall appear every fortnightly

                      to mark his attendance till the conclusion of trial in this case.



                                                   (Khatim Reza, J)
Sankalp/-
U      T


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