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Patna High Court

Manoj Rai @ Manoj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedents.

Summary

Manoj Rai, the owner of a tractor, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 1,656.7 liters of liquor from several vehicles. He contended that he was not present at the spot, had no conscious possession of the liquor, and was unaware that his driver misused his vehicle. The petitioner sought anticipatory bail, arguing that ownership of the vehicle alone should not make him liable. The State opposed the bail. The High Court granted provisional anticipatory bail, subject to a bail bond of Rs.5,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedents within six weeks. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Code of Criminal Procedure in a case under Section 30(a) of the Bihar Excise Act.
  • Whether ownership of a vehicle used in the alleged offence makes the owner liable for the offence.
  • Whether the petitioner’s criminal antecedent of more than one case precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • ownership of vehicle
  • criminal antecedent
  • Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61175 of 2025
                       Arising Out of PS. Case No.-520 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Manoj Rai @ Manoj Kumar S/o Late Shiv Prasad Yadav R/o Village-
                 Shikarpur, P.S.- Sonepur, District- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Dr. Rajesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   17-01-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 1656.7 liters of liquor from a container vehicle,

                   truck, tractor and a car.

                                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 one of the

                   seized tractor. It is next submitted that no prudent person would
Patna High Court CR. MISC. No.61175 of 2025(3) dt.17-01-2026
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          use his own vehicle for committing an occurrence and thus

          would create evidence against himself and hence would get

          implicated, it is also submitted that petitioner was completely

          unaware that his driver would misuse the vehicle in the manner

          as alleged who was also apprehended from the spot.

                       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.

          5,000/- (Rupees 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 Sonepur

          P.S. Case No. 520 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 more

          than one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.61175 of 2025(3) dt.17-01-2026
                                                        3/3




                      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 one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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