Patna High Court
Manoj Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
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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