Patna High Court
Manoj RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted conditionally, subject to surrender, bail bond, and verification of the petitioner’s criminal antecedent.
Summary
Manoj Rai, the petitioner, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 21.375 litres of liquor from his motorcycle. He argued that the liquor was not found in his conscious possession and that he was implicated merely because he owned the vehicle, which was misused by a friend who fled the scene. The State opposed the bail, contending that the petitioner had prior excise cases. The Court granted provisional anticipatory bail on the condition that the petitioner surrenders within six weeks, provides a bail bond of Rs.10,000 with two sureties, and submits to verification of his criminal antecedent. The order also stipulated that if more than two prior cases are discovered, the bail would be revoked, whereas confirmation would follow if only two prior cases are found. The decision was based on the provisions of Section 482(2) of the BNSS and the principle that ownership alone does not constitute participation in the offence.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle used in the alleged offence is sufficient grounds for arrest and denial of bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40573 of 2026
Arising Out of PS. Case No.-143 Year-2026 Thana- MOTIPUR District- Muzaffarpur
======================================================
Manoj Rai S/o Munshi Ray Resident of village- Mahima Gopinathpur, P.S.-
Motipur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Adv
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Rabindra Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 21.375 litres of liquor from a
motorcycle.
4. Learned counsel for the petitioner submits that the
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
vehicle. It is next submitted that no prudent person would use
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his friend would misuse the vehicle in the manner as
alleged, who also fled from the spot and he came to be
implicated at the instance of Chowkidar with whom he is on an
inimical term.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 trial court within a
period of six weeks from today, be released on Provisional
anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Motipur P.S. Case No.
143 of 2026, subject to the conditions as laid down under Section
482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than two
cases then it would be presumed that petitioner, for the purposes of
Patna High Court CR. MISC. No.40573 of 2026(2) dt.24-06-2026
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seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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