Patna High Court
Manoj Kumar Yadav @ Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted where the petitioner has a clean antecedent and no direct evidence links him to the alleged contravention, subject to verification of antecedent and compliance with bail conditions.
Summary
Manoj Kumar Yadav applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that 889.2 litres of liquor were recovered from his truck and a motorcycle. He argued that he has a clean antecedent, was not present at the spot of seizure, and that the alleged misuse of his vehicle was done by his driver without his knowledge. The State opposed the bail, contending that ownership of the vehicle linked the petitioner to the offence. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a bail bond of Rs.500 with two sureties and subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the CrPC. The order stipulated that if any antecedent is discovered, the bail would be withdrawn, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether ownership of the vehicle from which liquor was recovered is sufficient ground for arrest and denial of bail.
- Whether the petitioner’s clean antecedent and lack of direct possession justify the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- vehicle ownership liability
- Section 482 CrPC
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.364 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- Krishnabraham District- Buxar
======================================================
Manoj Kumar Yadav @ Manoj Kumar Son of Manbodh Yadav R/o vill.-
Baily, P.S.- Barhatganj, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 889.2 litres of liquor from a truck and a motorcycle.
It is next submitted that petitioner was not arrested from the
spot, as such, nothing was recovered from his conscious
possession and he came to be implicated based on the fact that
he is owner of the seized truck. It is next submitted that no
prudent person would use his own vehicle for committing an
occurrence and thus, would create evidence against himself and
Patna High Court CR. MISC. No.364 of 2026(2) dt.15-01-2026
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hence, would get implicated and, at the same time, shall bring
disrepute to his business. It is also submitted that petitioner was
completely unaware that his driver would misuse the vehicle in
the manner as alleged who also fled from the place of
occurrence.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Excise Court-2, Buxar in connection with Krishna Brahm P.S.
Case No.164 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
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would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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