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Patna High Court

Manoj Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Manoj Kumar Ram was arrested in connection with the alleged recovery of 260.7 litres of liquor from a bag on a motorcycle, under Section 30(a) of the Bihar Excise Act. The petitioner argued that he had a clean antecedent, was not caught in possession of the liquor, and was implicated merely because he owned the vehicle. The State opposed bail. The court considered the lack of conscious possession, the petitioner’s clean record, and the circumstances of the arrest. It held that these factors warranted bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Excise Act given the facts of ownership of the vehicle but no conscious possession of the liquor
  • Whether the petitioner’s clean antecedent and the manner of arrest justify the grant of bail

Legislation cited

Subjects

  • bail
  • excise law
  • Section 30(a)
  • Bihar Excise Act
  • possession
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36614 of 2026
                     Arising Out of PS. Case No.-107 Year-2021 Thana- KURSAKANTA District- Araria
                 ======================================================
                 Manoj Kumar Ram S/O Mushaharu Ram @ Shri Mushharu Ram Resident of
                 Village- Ward N0.-2, Pahunsi, P.S- Kursakanta, Kuwari, District- Araria.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Naveen Kumar Prasad, Adv
                                                  Mr.Jitendra Kumar
                 For the Opposite Party/s :       Mr.Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-06-2026               1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.     The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and is in custody

                   since 2-3-2026 and allegation is of recovery of 260.700 litres of

                   liquor from a bag which was carried on a motorcycle and one

                   Bechan Mandal was arrested.

                             4.     Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized
              Patna High Court CR. MISC. No.36614 of 2026(2) dt.19-06-2026
                                                          2/2




                        vehicle. It is next submitted that no prudent person would use

                        his own vehicle for committing an occurrence and thus would

                        create evidence against himself and hence would get implicated.

                        It is reiterated and submitted that petitioner is a person with

                        clean antecedent and is in custody since 2-3-2026.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner, let the petitioner, above named, be

                        released on bail on furnishing bail bond of Rs. 5,000/- (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 Kursarkanta

                        (Kuwari O.P) P.S. Case No.107 of 2021.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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