Patna High Court
Manish Kumar @ Karu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
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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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