Patna High Court
Manish YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to bail bond, sureties, and verification of his criminal antecedent.
Summary
Manish Yadav, the owner of a Bolero pickup, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 495 litres of liquor from his vehicle. He argued that he had no knowledge of the liquor being in the vehicle and that he was not in possession at the time of seizure, which was made by the police from a co‑occupant, Shubham, who was arrested at the spot. The petitioner, represented by Ms. Shrishti Rani, sought anticipatory bail, asserting a clean antecedent and lack of personal involvement. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent, with the order to be confirmed if he is found to have a clean record. The order is subject to Section 482(2) of the BNSS and may be revoked if antecedent is discovered.
Issues considered
- What is the appropriateness of granting anticipatory bail in a case under Section 30(a) of the Bihar Excise Act?
- Does mere ownership of a vehicle used for alleged illegal activity justify arrest and denial of bail?
- Whether the petitioner’s clean antecedent and lack of knowledge of the liquor’s presence merit anticipatory bail?
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45456 of 2026
Arising Out of PS. Case No.-7 Year-2025 Thana- SRIPUR District- Gopalganj
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Manish Yadav S/O Kaishalendra Yadav R/vill- Mahisoutha Ward No.- 12,
P.O.- Mahisoutha, P.S.- Bokhra, Distt- Sitamari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shrishti Rani, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Madan 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
petitioner is a person with clean antecedent and allegation is of
recovery of 495.00 liters of liquor from a Bolero pick up
vehicle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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 Shubham would misuse the vehicle in the manner as alleged
who was also apprehended from the spot along with Vinay.
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.
500/- (Rupees Five Hundred) 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 Sripur
P.S. Case No. 07 of 2025 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 even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
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confirmed, but after verification if 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)
Rishabh/-
U T
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