Allowed¶18

Manoj Kumar v. The State of Bihar

Patna HC9 Mar 2026CR. MISC./12384/2026

Case brief

AI extract

What is this about?

Anticipatory bail; provisional anticipatory bail; Patna High Court; CR. MISC. No.12384 of 2026; decided 09-03-2026; Satyavrat Verma J; Manoj Kumar v. State of Bihar; Aurangabad Excise P.S. Case No.43/2025; Bihar Prohibition and Excise Amendment Act, 2018 S. 30(a); S. 32(3); Section 482(2) B.N.S.S. conditions; recovery 27 litres liquor motorcycle 54.6 litres auto; clean antecedents verification; bail bond Rs.500/- two sureties; confirmation of provisional bail order.

What did the court decide?

Provisional anticipatory bail: release on furnishing bail bonds of Rs.500/- with two sureties of the like amount each if arrested or surrendered within six weeks, subject to Section 482(2) B.N.S.S. conditions; confirmation by trial court contingent on verification of clean criminal antecedents. ¶18

Manoj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Aurangabad Excise P.S. Case No.43/2025 registered for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018, should be released on anticipatory bail.

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Court's answer

Petitioner to be released on provisional anticipatory bail, in the event of his arrest or surrender within six weeks, on furnishing bail bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each, to the satisfaction of the learned trial court where Aurangabad Excise P.S. Case No.43/2025 is pending, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

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Ratio / Principle

Trial court to thereafter verify the criminal antecedents of the petitioner; if it is found that the petitioner has antecedent of even one case, it would be presumed that he had concealed his antecedent before this court and the provisional anticipatory bail order shall not be confirmed.

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Key takeaways

If on verification the petitioner is found to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Satyavrat Verma, J), CR. MISC. No.12384 of 2026, decided 09-03-2026. Petitioner apprehended arrest in Aurangabad Excise P.S. Case No.43/2025 for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018; counsel submitted allegation was of recovery of 27 litres of liquor from a motorcycle and 54.6 litres from an auto, that petitioner was not arrested from the spot, owned only the seized auto, and was unaware that Dev (apprehended from the spot along with Ajeet) would misuse his vehicle. Court granted provisional anticipatory bail: petitioner, if arrested or surrendered within six weeks, to be released on bail bonds of Rs.500/- (Rupees five hundred) with two sureties of like amount, to the satisfaction of the trial court, subject to Section 482(2) B.N.S.S. conditions. Trial court to verify criminal antecedents; even one antecedent case to be taken as concealment so that the provisional bail order shall not be confirmed; if antecedents found clean, the provisional order to be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12384 of 2026

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Arising Out of PS. Case No.-43 Year-2025 Thana- Excise P.S. District- Aurangabad

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

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Manoj Kumar Son of Rajdeo Nonia @ Rajdev Chohan Resident of VillageBisrampur (Vishrampur), P.S.- Muffasil Aurangabad, District- Aurangabad (Bihar) Pin- 824102

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pramendra Kumar Singh For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 09-03-2026

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Amendment Act, 2018.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 27 litres of liquor from a motorcycle and 54.6 litres of liquor from an auto. 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 the seized motorcycle but he came to be implicated based on the fact that he is owner of the seized auto. It is next submitted that no

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Patna High Court CR. MISC. No.12384 of 2026(2) dt.09-03-2026 2/3

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prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that the petitioner was completely unaware that Dev would misuse his vehicle in the manner as alleged, who was also apprehended from the spot along with Ajeet.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Aurangabad Excise P.S. Case No.43/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

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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 even one case, in that event, it would be presumed that petitioner had

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Patna High Court CR. MISC. No.12384 of 2026(2) dt.09-03-2026 3/3

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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 is a person with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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amit/-

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U T

Manoj Kumar v. The State of Bihar

Case brief

What is this about?

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Manoj Kumar v. The State of Bihar

Case brief

What is this about?

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What the court decided

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