Manoj Yadav @ Manoj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26943 of 2026 Arising Out of PS. Case No.-440 Year-2025 Thana- PHULPARAS District- Madhubani ====================================================== Manoj Yadav @ Manoj Kumar Yadav Son of Laxmi Yadav @ Lakshmi Narayan Yadav Resident of Village - Inarwa, P.S.- Phulparas, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Jha, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner is apprehending arrest in connection with Phulparas P.S. Case No. 440 of 2025 lodged on 23.10.2025, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, pending in the Court of Exclusive Special Judge (Excise), Jhanjharpur, Madhubani.
3. As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 396 litres of illicit liquor has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.26943 of 2026(2) dt.22-04-2026 2/3 petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the said recovery has been made from an open hut near the canal. Counsel submits that the petitioner's name has figured in this case only on the basis of secret information and disclosure of local chowkidar. Counsel further submits that the criminal antecedent of the petitioner is not clean as there are five cases pending against him and in all the cases, he is on bail.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there are five cases pending against him and all the cases are registered under Excise Act and this aspect must be taken into consideration.
6. As such, in the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.
7. However, if petitioner surrenders before the concerned Trial Court within a period of 4 weeks from today then in that case, the Trial Court is directed to pass order on his surrender-cum-bail application on the same day, without being prejudice that the anticipatory bail of the petitioner has been
Patna High Court CR. MISC. No.26943 of 2026(2) dt.22-04-2026 3/3 rejected by this Court and the Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J) Divyansh/- U T