Manoj Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Manoj Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Application for anticipatory bail allowed: petitioner to be released on anticipatory bail upon arrest or surrender within four weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each before the learned Additional District and Sessions Judge-XIII-cum-Special Excise, Court No. 1, Gopalganj, subject to Section 438(2) CrPC / Section 482(2) B.N.S.S, 2023 conditions and co-operation in investigation/trial.

Issue for consideration

Whether the petitioner, apprehending arrest in Uchkagaon P.S. Case No. 309 of 2024 (registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016), should be granted anticipatory bail.

Court's answer

Since the alleged recovery was made from the petitioner's house, which is a joint family property, and the petitioner has no criminal antecedent, the Court directed that the petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within four weeks.

Ratio / Principle

Anticipatory bail granted in connection with Uchkagaon P.S. Case No. 309 of 2024 on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XIII-cum-Special Excise, Court No. 1, Gopalganj, subject to the condition under Section 438(2) CrPC / Section 482(2) of the B.N.S.S, 2023 and the further condition that the petitioner shall co-operate in investigation/trial.

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J.), by oral order dated 02-04-2025 in Criminal Miscellaneous No. 15392 of 2025 (arising out of Uchkagaon P.S. Case No. 309 of 2024, District Gopalganj, under Section 30(a) of the Bihar Prohibition and Excise Act, 2016), allowed the petitioner's application for anticipatory bail. Prosecution alleged recovery of 6 litres of country-made liquor from the petitioner's house during a raid following secret information. The Court granted anticipatory bail considering that the alleged recovery was from the petitioner's house which is joint family property and that the petitioner has no criminal antecedent, directing release upon arrest or surrender within four weeks on a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XIII-cum-Special Excise, Court No. 1, Gopalganj, subject to Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S, 2023 and a condition of co-operation in investigation/trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15392 of 2025

Arising Out of PS. Case No.-309 Year-2024 Thana- UCHKAGAON District- Gopalganj

======================================================

Manoj Singh S/O Kapil Deo Singh R/O Village- Pakhopali, P.S- Uchkagae, Dist.- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sushil Kumar, Advocate For the Opposite Party/s : Mr.Arun Kumar, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 02-04-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Uchkagaon P.S. Case no.309 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, a secret information having been received that the petitioner is involved in the business of liquor, the police party conducted raid and 6 liters of country made liquor was recovered from the house of the petitioner. On seeing the police personnel, it is said that the accused managed to escape.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No recovery

Patna High Court CR. MISC. No.15392 of 2025(2) dt.02-04-2025 2/3

has been made from the conscious possession of the petitioner and the recovery has been shown from his house which is a joint family property and the petitioner has no knowledge as to whom the concerned liquor belongs. Learned counsel for the petitioner further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.N.S. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

The application for anticipatory bail is opposed by learned A.P.P. for the State.

Considering the fact that the alleged recovery has made from the house of the petitioner which is a joint family property and the petitioner has no criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Uchkagaon P.S. Case no.309 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XIII-cumSpecial Excise, Court No. 1, Gopalganj, subject to the condition laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.15392 of 2025(2) dt.02-04-2025 3/3

Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that he shall co-operate in investigation/trial.

(Soni Shrivastava, J)

Harsh/-

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