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Patna High Court

Manohar Yadav @ Manohar Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                         3/3




                       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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