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Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Manoj Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 112.13 litres of foreign liquor were recovered from his joint family house. He claimed innocence, stating that no liquor was found in his personal possession and that he has a clean criminal record. The prosecution opposed bail, while the petitioner argued that the recovery was from a shared residence and that Section 103 of the BNSS, 2023 had not been complied with. The court considered the lack of incriminating material against the petitioner, his clean antecedent, and the period of custody since 8 December 2025. Consequently, the court granted bail on condition of a Rs.15,000 bond with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
  • Whether the non‑compliance of Section 103 of the BNSS, 2023 affects the bail decision

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • foreign liquor
  • clean criminal antecedent
  • joint family house
  • Section 103 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1135 of 2026
                       Arising Out of PS. Case No.-1173 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Manoj Kumar Son of Jaynath Ray Resident of Village- Pahleja Sahpur
                 Diyara, P.S.- Sonepur, District- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjit Kumar Thakur, Adv.
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Sonepur

                   PS Case No. 1173 of 2025 instituted for the offences under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 112.13 liters of

                   foreign liquor was recovered from the house of the petitioner.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner submits that the recovery has been made from
           Patna High Court CR. MISC. No.1135 of 2026(2) dt.19-01-2026
                                                       2/2




                     the joint house of the petitioner where other family members

                     also reside. The petitioner is in custody since 08.12.2025 and

                     has got clean criminal antecedent. There is no compliance of

                     Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6. Considering the aforesaid facts and circumstances of

                     the case and the period of custody undergone by the petitioner,

                     this Court is inclined to grant bail to the petitioner.

                             7. Let the petitioner be released on bail on furnishing bail

                     bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Sonepur PS Case No. 1173 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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