Manohar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40089 of 2026 Arising Out of PS. Case No.-184 Year-2026 Thana- Excise P.S. District- Supaul ====================================================== Manohar Kumar, Son of Late Uttam Lal Yadav, Resident of Village- Pipra Hari, Balwa, Ward no. 14, P.S.- Supaul, District- Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Shadab Alam Wazdi, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Supaul Sadar P.S. Case No.184 of 2026 registered under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Amendment Act, 2016-2018.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 3 liters of IMFL/country-made liquor from tanker.

4. It is submitted by learned counsel appearing for

Patna High Court CR. MISC. No.40089 of 2026(2) dt.22-06-2026 2/3 the petitioner that recovery as alleged was made from the Dicky of the motorcycle of this petitioner, which was open. It is also pointed out that seizure list appears disputed being not supported by independent witness rather by police personnel. Admittedly, the recovery was not made from conscious physical possession of this petitioner. Explaining criminal antecedent, it is pointed out that petitioner found involve in two more criminal cases, where he is on bail.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking of note of fact as the recovery of illicit liquor prima facie appears disputed from conscious physical possession of this petitioner, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail 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 Exclusive Special Excise Judge- II, Supaul, in connection with Supaul Sadar P.S. Case No.184

Patna High Court CR. MISC. No.40089 of 2026(2) dt.22-06-2026 3/3 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

aniket/- (Chandra Shekhar Jha, J) U T