Patna High Court
Manohar Yadav @ Manohar Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties, a deposit, and verification of criminal antecedents.
Summary
Manohar Yadav sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 306 litres of liquor near the Bagmati river. The petitioner argued that he was not caught in possession, the liquor was recovered from a public area, and the complaint originated from a chowkidar without proper investigation. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and a deposit of Rs.7,500 with the Advocates’ Association, subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the CrPC. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise it would be confirmed. The court directed the trial court to verify antecedents and act accordingly.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of possession and the public nature of the alleged liquor recovery justify denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Section 482
- criminal antecedent
- provisional bail
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5828 of 2026
Arising Out of PS. Case No.-328 Year-2025 Thana- SUPPI District- Sitamarhi
======================================================
Manohar Yadav @ Manohar Kumar Yadav S/o Siyaram Rai Resident of
Village- Masha Alam Ward No. 3, P.S.- Bairgania, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar
For the Opposite Party/s : Mr. Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 306 litres of liquor from sacks near
bank of Bagmati river. It is next submitted that petitioner was
not arrested from the spot as such nothing was recovered from
his conscious possession and even alleged recovery is from a
place which does not belong to the petitioner and is accessible
to public at large and he came to be implicated at the instance of
chowkidar but then it is submitted that if chowkidar was aware
Patna High Court CR. MISC. No.5828 of 2026(2) dt.03-02-2026
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of the involvement of the petitioner in the occurrence then why
he did not inform the police prior to institution of the instnat
FIR, which casts an aspersion on the case of the prosecution. It
is also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.15,000/- (Rupees fifteen 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
Suppi P.S. Case No.328/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
Patna High Court CR. MISC. No.5828 of 2026(2) dt.03-02-2026
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three cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.7500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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