Manoj Kumar Yadav @ Munshi Jee @ Manoj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31100 of 2026 Arising Out of PS. Case No.-119 Year-2025 Thana- Excise Jhanjharpur District- Madhubani ====================================================== Manoj Kumar Yadav @ Munshi Jee @ Manoj Yadav S/o Late Moti Lal Yadav @ Late Ganesh Yadav R/o Village - Belahi, P.S - Nadi, District - Supaul At present - Manoj Kumar Yadav @ Munshi Jee,Gender - Male, aged about 40 Years, Son of Late Moti Lal Yadav @ Late Ganesh Yadav R/o Village - Chakdah, P.S - Rajnagar, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti For the Opposite Party/s :
Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-05-2026
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 offence punishable under Sections 30(a), 32(1), 32(3), 42(1), 42(2) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 1382.22 litres of liquor from two huts. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from huts, which does
Patna High Court CR. MISC. No.31100 of 2026(2) dt.07-05-2026 2/3 not belong to the petitioner but then he came to be implicated based on confessional statement of Jitendra in police custody which does not have any evidentiary value. It is also submitted that after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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.5000/- (Rupees five 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 Jhanjharpur Excise P.S. Case No.119/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
6. 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 more than one case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.31100 of 2026(2) dt.07-05-2026 3/3 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 has antecedent of one case, in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) amit/- U T