Patna High Court
Manish Yadav @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedent.
Summary
Manish Yadav applied for anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, involving the alleged recovery of 707.280 litres of liquor from a Scorpio. He argued that he was not arrested on the spot, had no conscious possession of the liquor, was not the vehicle's owner, and was implicated solely on a confessional statement made by a co‑accused in police custody, which he claimed lacks evidentiary value. The State opposed the bail, citing the seriousness of the offence and the petitioner’s antecedent of five prior excise cases. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.25,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order further directed the trial court to verify the petitioner’s criminal antecedent; if more than five prior cases are found, the bail will not be confirmed, otherwise it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 where the accused has five prior excise cases.
- Whether a confessional statement made in police custody can form the basis for implicating the accused for anticipatory bail considerations.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- confessional statement
- police custody
- Bihar Prohibition and Excise Act
- Cr.P.C. Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4428 of 2026
Arising Out of PS. Case No.-205 Year-2023 Thana- MIRGANJ District- Gopalganj
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Manish Yadav @ Manish Kumar S/O Rameshwar Yadav @ Rameshwar
Chaudhari Resident of Village- Bari Rai Bhan, P.O.- Bari Rai Bhan, P.S.-
Hathua, Dist.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adesh Raj Singh, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 707.280 litres of liquor from a
Scorpio.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Sonu in
Patna High Court CR. MISC. No.4428 of 2026(2) dt.30-01-2026
2/3
police custody which does not have any evidentiary value in the
eye of law. It is next submitted that once an accused is
implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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, let 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.25,000/- (Rupees Twenty-five 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 Mirganj P.S. Case No. 205 of 2023, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./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 if
it is found that petitioner has antecedent of more than five cases,
Patna High Court CR. MISC. No.4428 of 2026(2) dt.30-01-2026
3/3
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only five cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.5,000/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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