Patna High Court

Manoj RayversusThe State of Bihar

Decided: 5 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of criminal antecedents, with confirmation contingent on the antecedent check.

Summary

Manoj Ray sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, where police alleged recovery of 60 litres of liquor from an auto and 20 litres from a scooty, none of which were in his possession. The petitioner argued he was not the owner of the vehicles and the case was based solely on a confessional statement made by Lallu while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
Whether the confessional statement of a co-accused made in police custody can form the basis for arrest without other corroborative evidence.
Whether the trial court should verify the petitioner’s criminal antecedents before confirming anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
confessional statement
liquor seizure
criminal antecedent
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88823 of 2025
                   Arising Out of PS. Case No.-480 Year-2025 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Manoj Ray S/O Hari Shankar Rai R/O - Chinna, Kothi,Lodipur,Bodh
                 Marg,P.O- G.P.O,- P.S-Buddha Colony,Dist- Patna
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar
                 For the Opposite Party/s :      Mr. Chandra Sen Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 60 litres of liquor from an Auto and 20 litres from a

                   scooty. It is next submitted that petitioner was not arrested from

                   the spot as such nothing was recovered from his conscious

                   possession and is not the owner of any of the seized vehicles

                   and he came to be implicated based on confessional statement of

                   Lallu in police custody which does not have any evidentiary

                   value.

                                4. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.88823 of 2025(2) dt.05-01-2026
                                                       2/2




                                  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 Buddha

                     Colony. P.S. Case No.480/2025, 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

                     one case, 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 one

                     case, in that event the provisional anticipatory bail order shall be

                     confirmed forthwith.



                                               (Satyavrat Verma, J)
amit/-
U      T

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