Patna High Court
Manoj Kumar Yadav @ Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed anticipatory bail, subject to conditions and verification of the petitioners' criminal antecedents.
Summary
Manoj Kumar Yadav and Nitish Kumar Mandal applied for anticipatory bail in a case registered under Sections 274, 275, 317(5) and 3(5) of the B.N.S. and Section 30(a) of the Excise Act, alleging the recovery of 108 litres of liquor from two motorcycles. The petitioners argued that they were not arrested at the spot, that petitioner 1 is merely the owner of one seized vehicle and has two prior cases, while petitioner 2 has a clean record, and that they were unaware of any misuse of the vehicles. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs 10,000 each with two sureties, subject to verification of their criminal antecedents and compliance with conditions under Section 482(2) of the B.N.S. The order was conditioned that if verification shows more than the disclosed antecedents, the bail would not be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the facts of the case
- Whether ownership of the seized vehicles implicates petitioner 1 in the alleged offences
- Whether the disclosed criminal antecedents affect the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 274, 275, 317(5), 3(5), 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- B.N.S.
- Excise Act
- vehicle ownership
- criminal antecedent
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84046 of 2025
Arising Out of PS. Case No.-148 Year-2025 Thana- ANDHRAMATH District- Madhubani
======================================================
1. Manoj Kumar Yadav @ Manoj Yadav S/o- Lal Babu Yadav Village-
Hariraha, PS- Andhramath, District- Madhubani
2. Nitish Kumar Mandal @ Nitish Kumar S/o- Balram Mandal R/v-
Kachnarwa Belahi Ps- Laukahi Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 274, 275, 317(5) and 3(5) of the B.N.S. and Section
30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioner no.1 has antecedent of two cases and petitioner
no.2 is a person with clean antecedent and the allegation is of
recovery of 108 litres of liquor from two motorcycles.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.84046 of 2025(2) dt.05-01-2026
2/3
recovered from their conscious possession and petitioner no.1
came to be implicated based on the fact that he is owner of one
of the seized motorcycle and petitioner no.2 is not the owner of
any of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing a crime and
thus, would create evidence against himself and hence, would
get implicated. It is further submitted that petitioners were
completely unaware that Rahul would misuse the vehicle in the
manner as alleged as he was also apprehended at the spot.
5. Learned A.P.P. Sri Chandra Bhushan Prasad
opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs. 10,000/- (Rupees Ten Thousand) each 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 Andhramath P. S. Case No.148 of 2025, subject
to the conditions laid down under Section 482(2) of the BNSS.
7. The application stands allowed.
Patna High Court CR. MISC. No.84046 of 2025(2) dt.05-01-2026
3/3
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioner no.1 has antecedent of more than
two cases and petitioner no.2 has antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their antecedent
before this Court, in that event, the present provisional
anticipatory bail order shall not be confirmed, but if on
verification, it is found that petitioner no.1 has antecedent of
only two cases and petitioner no.2 has antecedent of even one
case, in that event, the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…