Patna High Court
Manoj Kumar @ Manoj ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
Manoj Kumar (Manoj Choudhary) applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 15 litres of liquor at his poultry farm. He contended that the liquor was planted by an adversary, that he was not in actual possession, and that the police had no immediate cause to arrest him. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and a further deposit of Rs.2,500 with the Advocates’ Association, subject to verification of the petitioner’s criminal antecedent. The order stipulated that if more than one prior case is found, the bail would not be confirmed, but if only one antecedent exists, the provisional bail would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the circumstances justify granting bail despite the alleged possession of liquor.
- Whether the petitioner’s criminal antecedent affects the confirmation of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- Section 482
- liquor possession
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6541 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- CHACKMEHSI District- Samastipur
======================================================
Manoj Kumar @ Manoj Choudhary Son of Late Saryug Mahto @ Saryug
Chaudhary @ Late Saryoo Chaudhary R/o Vill. - Kushiyari, P.S. - Chakmehsi,
Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amar Kumar Singh
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case and allegation is of
recovery of 15 litres of liquor from the poultry farm of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession. It is next submitted
that no prudent person would use his own premises for
Patna High Court CR. MISC. No.6541 of 2026(2) dt.04-02-2026
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committing an occurrence and thus would create evidence
against himself and hence would get implicated. It is further
submitted that the poultry farm is a place where customers come
often and it appears that someone inimical to the petitioner and
his familly members planted meagre amount of liquor with an
intent to harm the business of the petitioner. It is also submitted
that he came to be implicated at the instance of Chowkidar but
then it is submitted that if the Chowkidar was aware about the
involvement of the petitioner in the occurrence, then why he did
not inform the police prior to institution of the instant FIR,
which casts an aspersion on the case of the prosecution.
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 Chakmehsi P.S. Case
No. 202 of 2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.6541 of 2026(2) dt.04-02-2026
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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 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 in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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