Patna High Court
Manoj Prasad @ Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
Manoj Prasad sought anticipatory bail after learning that he might be arrested in a case under Sections 274, 275(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, relating to the alleged recovery of 1,980 litres of liquor from a vehicle. He argued that he was not caught in possession, was not the owner of the vehicle, and that the only link to him was a confessional statement made by another person, Chandan, while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offences. The High Court, considering the petitioner's submissions, granted provisional anticipatory bail on the condition that he furnish bail bonds and sureties, and that the trial court verify his criminal antecedent. The order stipulated that if the petitioner is found to have more than two prior cases, the bail would not be confirmed; otherwise, it would be confirmed after verification.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged excise offences and narcotic provisions when the petitioner claims lack of direct evidence and reliance on a custodial confession of another person.
- Whether the petitioner’s prior criminal antecedent of two excise cases affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275(5)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police procedure
- criminal antecedent
- Section 482
- Bihar Excise Act
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90395 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- KHUTAUNA District- Madhubani
======================================================
Manoj Prasad @ Manoj Kumar S/O Suraj Prasad @ Suryanarayan Ptva R/O
Village- Brahmottar, P.S.- Khutauna, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 offences punishable under Sections 274, 275,
3(5) of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 1980 litres of liquor from a Bolero
pickup vehicle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of Chandan in police custody which does
Patna High Court CR. MISC. No.90395 of 2025(2) dt.08-01-2026
2/3
not have any evidentiary value. It is further submitted that once
an accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten 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 Khutauna
P.S. Case No. 117 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.90395 of 2025(2) dt.08-01-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…