Patna High Court

MANOJ RAI @ MANOJ KUMARversusThe State of Bihar

Decided: 30 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted anticipatory bail to the petitioner, subject to surrender and bail bond conditions under Section 438(2) of the Cr.P.C.

Summary

Manoj Rai filed an anticipatory bail application under Section 438 of the Cr.P.C., fearing arrest in a case (Chiraiya P.S. Case No. 323 of 2024) for alleged offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The police claimed that Rai and another person were transporting liquor in a wagon‑R and a bike, and that a chaukidar identified Rai as one of the three persons who fled. The petitioner contended that he was innocent, no liquor was recovered from him, and his name appeared only in the chaukidar’s statement, with no prior criminal record. The State opposed bail. After hearing both sides, the High Court held that the material on record did not justify denial of bail and ordered anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) Cr.P.C.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in the absence of material evidence of his participation in the alleged offence
Whether the identification by the chaukidar alone suffices to deny bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 438 Cr.P.C.
bail conditions
identification by witness
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89911 of 2025
                  Arising Out of PS. Case No.-323 Year-2024 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Manoj Rai @ Manoj Kumar, S/o- Mishrilal Rai, R/v- Bhadahar, Ps- Chiraiya
                 Dist- East Champaran
                                                                          ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anang Mohan Sinha, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   30-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2.The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection

                   with Chiraiya P.S. Case No. 323 of 2024 instituted for the

                   offence under Sections 30(a), 41(1) of the Bihar Prohibition and

                   Excise Act.

                                3. The case of the prosecution, in short, is that while

                   police was on patrolling duty, they received information that the

                   petitioner and one Ranjan Yadav are coming on their Wagon-R

                   and bike carrying liquor and they proceeding towards Motihari.

                   On this information, a bike and Wagon-R was apprehended.

                   There were three persons, they started fleeing away. They could

                   not be apprehended. The chaukidar has identified the name of

                   this petitioner.
             Patna High Court CR. MISC. No.89911 of 2025(2) dt.30-01-2026
                                                         2/2




                                    4. Learned counsel appearing on behalf of the

                       petitioner has submitted that petitioner is innocent and has

                       committed no offence. He has falsely been implicated in this

                       case. Nothing has been recovered from his possession. His name

                       has surfaced only in the statement of Mahal Chaukiar. He is

                       having no criminal antecedent.

                                    5.Learned       APP        appearing    for   the   State   has

                       vehemently opposed the prayer of bail of the petitioner.

                                    6. Having heard learned counsel for the parties and in

                       the facts and circumstances of the case as stated above, this

                       Court is inclined to enlarge the petitioner on bail. The petitioner

                       is directed to surrender in the Court below within a period of

                       four weeks from today and in the event of his arrest or surrender

                       in connection with Chiraiya P.S. Case No. 323 of 2024, he will

                       be enlarged on bail on furnishing bail bond of Rs. 10,000/-

                       (Rupees ten thousand) with two sureties of the like amount each

                       to the satisfaction of learned Exclusive Special Excise Judge-I,

                       Motihari, East Chamapran, subject to the conditions as laid

                       down under section 438 (2) of the Cr.P.C.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T

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