Patna High Court
Manjit Kumar @ Bottle Yadav @ Manjit YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bail bond conditions and verification of the petitioner’s antecedents.
Summary
Manjit Kumar (also known as Bottle Yadav) sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that 32.925 litres of liquor were recovered from his house, which is a joint family property. The petitioner argued that he was not arrested at the scene, no liquor was found in his conscious possession, and the concept of deemed possession had been removed by the 2018 amendment. He also highlighted that he has only one prior case on record. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition of a Rs.5,000 bail bond with two sureties and directed the trial court to verify his criminal antecedents, confirming bail only if he has a single prior case.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 where the alleged liquor was found in a joint family house and the accused was not arrested at the spot.
- Whether the petitioner’s prior criminal antecedent (one case) affects the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- possession
- excise law
- joint family property
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7667 of 2026
Arising Out of PS. Case No.-347 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Bhojpur
======================================================
Manjit Kumar @ Bottle Yadav @ Manjit Yadav S/o Chhotan Yadav @
Chhotan Singh R/o Vill- Mahuaon, P.S.- Bihiya, Distt- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Malti Kumari
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 32.925 litres of liquor from house of the petitioner.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and the house in question is a joint family property as such it
cannot be alleged with certainty that it was petitioner, who had
kept the liquor in the house or the liquor kept in the house was
Patna High Court CR. MISC. No.7667 of 2026(2) dt.23-02-2026
2/3
within his knowledge and after amendment in the Excise Act in
the year 2018, the concept of deemed possession and presumed
offender has been done away with and he came to be implicated
based on secret information which is the easiest way to
implicate someone 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.5000/- (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 Excise
Bihiya P.S. Case No.347/2021, 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
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.7667 of 2026(2) dt.23-02-2026
3/3
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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