Patna High Court
Manoj Kumar @ Manoj Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
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
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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
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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,
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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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