Patna High Court
Mannu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to a bond and the conditions imposed.
Summary
The petitioner Mannu Kumar was arrested on 18 Feb 2026 in connection with a case involving 320 litres of illicit country‑made liquor seized from a vehicle he owned. He filed a bail application, contending that he had no actual possession of the liquor and was implicated solely because he was the vehicle’s owner, and that the police had not complied with the procedural requirements of Section 100 of the CrPC and Section 103 of the BNSS. The prosecution opposed bail, pointing to the petitioner’s prior criminal record, though noting that he was already on bail in the same matter. After considering the facts, the court held that the petitioner was entitled to bail, subject to a bond of Rs 10,000 with two sureties and several conditions regarding cooperation, appearance, non‑tampering with evidence and verification of his antecedents. The order directed the lower court to release the petitioner on bail while ensuring compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor.
- Whether non‑compliance of Section 100 of the CrPC and Section 103 of the BNSS bars the grant of bail.
- Whether ownership of a vehicle from which liquor is seized is sufficient to sustain the accusation.
- Whether the petitioner’s prior criminal antecedent precludes bail.
Legislation cited
- BNSS — s. 103
- Code of Criminal Procedure, 1973 — s. 100
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- Section 30(a)
- CrPC
- criminal antecedent
- seizure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25406 of 2026
Arising Out of PS. Case No.-616 Year-2024 Thana- BIHTA District- Patna
======================================================
Mannu Kumar S/o Rajnikant Rai R/o Village - Suarmarwa Purvi, P.S. -
Maner, District - Patna, State - Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Navin Kumar Singh, learned counsel for
the petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
18.02.2026 in connection with Bihta P.S. Case No. 616/2024,
F.I.R. dated 11.07.2024 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 320 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from vehicle in question and the petitioner has
Patna High Court CR. MISC. No.25406 of 2026(2) dt.16-04-2026
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been made accused merely on the basis that he is the owner of
the vehicle in question. He further submits that there is non-
compliance of Section 100 of Cr.P.C/103 of BNSS. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
18.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one criminal antecedent but fairly
submits on the basis of paragraph-3 of the bail application that
the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Court of
Special Excise Judge, Danapur, Patna in connection with Bihta
P.S. Case No. 616/2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.25406 of 2026(2) dt.16-04-2026
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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