Patna High Court

Mansukh Yadav @ Mankhush KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to bond and surety conditions.

Summary

Mansukh Yadav sought anticipatory bail fearing arrest in a case (PS No. 193 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act where 720 litres of liquor were seized from a Scorpio. He contended that he was falsely implicated, not the owner or driver of the vehicle, had no criminal antecedent, and that the investigation failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court noted the lack of a prima facie case against the petitioner and the earlier grant of bail to a co‑accused, and consequently ordered anticipatory bail subject to a bond of Rs.15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the investigation complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
false implication
prohibition law
liquor seizure
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90237 of 2025
                      Arising Out of PS. Case No.-193 Year-2025 Thana- BHAPTIAHI District- Supaul
                 ======================================================
                 Mansukh Yadav @ Mankhush Kumar S/o Ambu Yadav Resident of Village-
                 Ward No. 11 Saraygadh, P.S.- Bhaptiyahi, District- Supaul

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Bhaptiyahi PS Case No. 193 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                           3.       The prosecution case, in short, is that total 720

                   litres of liquor was recovered from Scorpio.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   disclosure made by local people. Petitioner is neither the owner

                   nor the driver of the vehicle in question. The petitioner has got
           Patna High Court CR. MISC. No.90237 of 2025(2) dt.19-01-2026
                                                       2/2




                     no concern with the alleged recovery of liquor. The petitioner

                     has no criminal antecedent. There is no compliance of Section

                     103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned

                     counsel for the petitioner, therefore, contends that prima-facie

                     no case is made out against the petitioner. Other co-accused has

                     been granted bail by this Court vide order dated 03.12.2025,

                     passed in Cr. Misc. No. 82926 of 2025.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bhaptiyahi PS Case

                     No. 193 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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