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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, if arrested or surrendering within four weeks of the order, to be enlarged on bail on furnishing a bail bond of Rs.10,000/-(ten thousand only) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise Court No.2, Purnea/concerned court, in connection with Purnea Excise P.S. Case No.1375 of 2025, subject to conditions under Section 438(2) Cr.P.C / Section 482(2) B.N.S.S.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is named in the F.I.R. and apprehending arrest in Purnea Excise P.S. Case No.1375 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. +1 more

Court's answer

The petitioner, in the event of his arrest/surrender within a period of four weeks from the order, is directed to be enlarged on bail on furnishing of a bail bond of Rs.10,000/-(ten thousand only).

Ratio / Principle

Taking note of the facts and submissions, the recovery of illicit liquor prima facie does not appear to have been made from the conscious physical possession of the petitioner, who is a man of clean antecedent.

Key takeaways

Bail to be furnished with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise Court No.2, Purnea/concerned court, in connection with Purnea Excise P.S. Case No.1375 of 2025.ratio¶23
The grant of bail is made subject to the conditions laid down under Section 438(2) of the Cr.P.C and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita ("B.N.S.S.").ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail — Bihar Excise Act case — Patna High Court, order dated 17-02-2026 (Chandra Shekhar Jha, J.). Petitioner named in the F.I.R. of Purnea Excise P.S. Case No.1375 of 2025, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, over alleged possession of 20.250 litres of illicit liquor and illegal trading/manufacturing thereof. Counsel contended the recovery was from an open place behind the petitioner's house, accessible to the general public and not owned by him, and that the seizure was supported by police personnel rather than independent witnesses; petitioner claimed clean antecedents. Finding that the recovery prima facie did not appear to be from the petitioner's conscious physical possession and that he is a man of clean antecedent, the Court directed that, on arrest/surrender within four weeks, he be enlarged on bail on a bond of Rs.10,000 with two like sureties to the satisfaction of the Exclusive Special Judge, Excise Court No.2, Purnea, subject to the conditions of Section 438(2) Cr.P.C / Section 482(2) B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9640 of 2026

Arising Out of PS. Case No.-1375 Year-2025 Thana- Excise P.S. District- Purnia

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

Manoj Yadav, S/o Late Shukdev Yadav @ Shukdev Prasad Yadav, R/o Village - Khairuganj, Ward No. 31, P.S. - Sadar, District - Purnea

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 17-02-2026

Heard learned counsel for the petitioner and learned

APP for the State.

2. The accused-petitioner is named in the F.I.R. and

apprehending his arrest in connection with Purnea Excise P.S. Case No.1375 of 2025 registered for the offence punishable

under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The allegation against the petitioner is to have in possession of 20.250 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was

not made from conscious physical possession of this

Patna High Court CR. MISC. No.9640 of 2026(2) dt.17-02-2026 2/3

petitioner. It is submitted that alleged recovery of illicit liquor was made from back side of the petitioner’s house, which is an open place and accessible to general public and moreover petitioner is not the owner of said land. It is submitted that seizure list was not supported by independent witnesses rather same was supported by police personnel. The petitioner claimed clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima-facie not appears to be made from conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/(ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.2, Purnea/concerned court in connection with Purnea Excise P.S. Case No.1375 of 2025, subject to the

Patna High Court CR. MISC. No.9640 of 2026(2) dt.17-02-2026 3/3

conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).

(Chandra Shekhar Jha, J.)

Sanjeet/-

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