Patna High Court
Manoj Kumar @ Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the anticipatory bail application, subject to bond and sureties, under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
Manoj Kumar (aka Manoj Yadav) applied for anticipatory bail fearing arrest in a case involving alleged possession and transport of illicit liquor. The prosecution alleged that three abandoned motorcycles contained 77 litres of illicit liquor and that Kumar, along with co‑accused Pappu Kumar and Izhar, fled the scene after police arrived. Kumar contended he had no possession of the liquor, the motorcycles did not belong to him, and he was falsely implicated by locals out of animosity, also noting his clean record. The court examined the nature of the allegations, the lack of any material recovered from Kumar’s conscious possession, and his claim of innocence. It granted anticipatory bail, subject to a bail bond of Rs 10,000 and two sureties, invoking Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under IPC Section 414 and the Bihar Prohibition and Excise (Amendment) Act.
- Whether the prosecution evidence suffices to deny bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 41
- Indian Penal Code — s. 414
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition Act
- Section 414 IPC
- Section 482(2) B.N.S.S.
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34375 of 2026
Arising Out of PS. Case No.-43 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj
======================================================
Manoj Kumar @ Manoj Yadav S/o Lalbabu Yadav R/o vill - Maniyara, P.s.-
Kuchaikote, Distt. - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baijnath Sah, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Vishambharpur P.S. Case No. 43 of 2023
registered for the offences punishable under Sections 414 of the
I.P.C. and 30(a) and 41 of the Bihar Prohibition and excise
(Amendment) Act.
3. As per the prosecution case, upon confidential
information that three separate motorcycles have been
abandoned along with illicit liquor, the police reached there and
recovered altogether 77 liters of illicit liquor. It has been further
alleged that one person was seen approaching on a bicycle
carrying a bag tied to the carrier. On suspicion he was
intercepted and upon inquiry he disclosed his name as Dev
Patna High Court CR. MISC. No.34375 of 2026(2) dt.19-05-2026
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Narayan Prasad and four litres of illicit liquor was also
recovered from his possession. It has further been alleged that
upon information from near by people, the petitioner and co-
accused persons Pappu Kumar and Izhar fled away from the
place of occurrence after seeing the police party.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. The petitioner was not apprehended at the spot and
nothing has been recovered from the conscious possession of
the petitioner. It has further been submitted that none of the
motorcycles belonged to the petitioner and the local people, out
of animosity, named the petitioner as one of the persons who
fled away from the place of occurrence. It has lastly been
submitted that petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.34375 of 2026(2) dt.19-05-2026
3/3
amount each to the satisfaction of the learned court concerned in
connection with Vishambharpur P.S. Case No. 43 of 2023,
subject to the conditions as laid down under Section 482(2) of
the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
niku/rupa/-
U T
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