Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioners.
Summary
The petitioners, a driver and a cleaner, were arrested in connection with the seizure of 1,470 litres of illicit spirit from a truck, charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they had no knowledge of the contraband and that the seizure list was prepared in violation of Sections 103 and 105 of the Bihar Narcotic Substances Act, asserting innocence and lack of prior criminal record. The State opposed bail, arguing the seriousness of the offence. The High Court examined the submissions, the fact that a charge‑sheet had already been filed, and the absence of antecedents. It ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Excise Court‑II, Jamui. The order effectively disposed of the bail petition.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act
- Whether the seizure list was prepared in violation of Sections 103 and 105 of the Bihar Narcotic Substances Act
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit spirit
- seizure
- excise law
- criminal procedure
- section 30(a)
- section 32(3)
- section 103
- section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11540 of 2026
Arising Out of PS. Case No.-1132 Year-2025 Thana- Excise P.S. District- Jamui
======================================================
1. Manish Kumar, S/o Matru Paswan, R/o vill - Gharbhara, P.S.- Bocha, Distt.-
Muzaffarpur
2. Surendra Kumar, S/o Shivnarayan Paswan, R/o vill - Lalaina, P.S.- Bocha,
Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madan Mohan, Adv.
For the Opposite Party/s : Mr. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners seek bail in connection with Jamui P.S.
Case No. 1132 of 2025 dated 18.11.2025 registered for the
offence punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The allegation is of recovery of 1470 litres of illicit
spirit from the Truck.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. It is submitted that the petitioners have no concern with
the illicit spirit. The petitioners are alleged to be the Driver
Patna High Court CR. MISC. No.11540 of 2026(2) dt.17-02-2026
2/2
(petitioner no. 1) and Cleaner (petitioner no. 2) of the said
Truck. It is further submitted that the seizure list has been
prepared in contravention of provision under Sections 103 and
105 of the B.N.S.S.. The petitioners are in custody since
19.11.2025, having no criminal antecedent and charge-sheet has
been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail
of the petitioners.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioners be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Excise Court-II, Jamui in connection with Jamui P.S. Case No.
1132 of 2025.
(Khatim Reza, J)
prabhat/-
U T
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