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Patna High Court

Manoj Kumar @ Manoj Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted as the recovery was not from the petitioners' conscious possession and the FIR does not establish an offence under the relevant statutes, subject to prescribed conditions.

Summary

The petitioners, Manoj Kumar and Ram Balak Kumar, sought anticipatory bail fearing arrest in a case involving alleged offences under sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition and Excise Act for the seizure of 201 litres of foreign liquor behind a Panchayat Bhawan. The police, acting on secret information, recovered the liquor and the chowkidar identified the petitioners, leading to the FIR. The petitioners contended that the liquor was not in their conscious possession and relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if the FIR does not establish an offence. The State opposed, arguing the chowkidar’s identification was sufficient for arrest. The Court, after considering the precedent and the lack of evidence of conscious possession or criminal antecedent, granted anticipatory bail with a detailed set of conditions, reserving the right to cancel the bail if circumstances changed.

Issues considered

  • Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the FIR does not make out an offence?
  • Whether the petitioners were in conscious possession of the seized foreign liquor.
  • Whether the identification by the chowkidar alone justifies arrest.

Legislation cited

Subjects

  • anticipatory bail
  • seizure of foreign liquor
  • Bihar Prohibition and Excise Act
  • Bihar Narcotic Substances Act
  • Section 76(2) bar
  • conscious possession
  • FIR
  • police raid
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35422 of 2026
                    Arising Out of PS. Case No.-62 Year-2026 Thana- LAKHNAUR District- Madhubani
                 ======================================================
           1.     Manoj Kumar @ Manoj Kumar Mahto S/o Ugeshwar Mahto R/o vill - Bela,
                  P.S.- Lakhnaur, Dist.- Madhubani
           2.    Ram Balak Kumar S/o Ram Chandra Mahto R/o vill - Bela, P.S.- Lakhnaur,
                 Dist.- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Baleshwar Kamat, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   21-05-2026                  Heard the parties through virtual mode.

                                2. The petitioners are apprehending their arrest in

                   connection with Lakhnaur P.S. Case No. 62 of 2026 for the

                   offence under sections 274, 275 and 3(5) of the BNS and section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution story, the Police on secret

                   information, raided the place and behind the Panchayat Bhawan,

                   there is recovery/seizure of 201 liters of foreign liquor. The

                   chowkidar named the petitioners which led to the FIR.

                                4. Learned counsel for the petitioners submit that a

                   perusal of the FIR would show that the recovery/seizure is from

                   behind the Panchayat Bhawan and not from their conscious
Patna High Court CR. MISC. No.35422 of 2026(2) dt.21-05-2026
                                            2/4




          possession but the chowkidar has named them.

                       5. Further, learned counsel for the petitioners relied on

          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP opposes the prayer submitting that the

          chowkidar has given the name of the petitioners.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that the recovery is not from their conscious possession and

          they do not have any criminal antecedent, in that background,

          this Court is inclined to extend them the privilege of

          anticipatory bail with conditions.

                       8. If, however, it is found that contrary to the

          statement made in paragraph-3, the petitioners have criminal

          antecedent, the present order shall become infructuous.

                       9. Let the petitioners be released on bail in the event
Patna High Court CR. MISC. No.35422 of 2026(2) dt.21-05-2026
                                            3/4




          of arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) each with two sureties of like amount each to the

          satisfaction of the concerned Court in connection with Lakhnaur

          P.S. Case No. 62 of 2026 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioners shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioners shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his bail bond by the Trial Court itself;

                       (iv) the petitioners shall appear before the concerned

          police station every fortnight for six months to mark their

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the bail bonds;

                       (v) the petitioners shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,
          Patna High Court CR. MISC. No.35422 of 2026(2) dt.21-05-2026
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                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (vi) the petitioners shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of their bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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