Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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
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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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