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Patna High Court

Manoj Kumar Yadav @ Manoj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The order stipulated that if any antecedent is discovered, the bail would be withdrawn, otherwise it would be confirmed.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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.364 of 2026(2) dt.15-01-2026
                                                           3/3




                         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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