Patna High Court
Manoj NagarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to monetary bond and strict conditions.
Summary
The petitioner, Manoj Nagar, was arrested as the driver of a vehicle from which 133.410 liters of liquor were seized, alleged to be in violation of Sections 30(a), 32(i), 32(iii), 42(i) and 42(ii) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the goods and that no incriminating material was found in his possession, and highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, while the petitioner’s counsel argued his clean record and the circumstances of his custody since 14‑12‑2025. The Court, considering the facts and the period of custody, decided to grant bail subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses. The bail may be cancelled if any condition is violated.
Issues considered
- Whether bail should be granted to the accused in an excise case involving alleged possession of liquor under the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- excise law
- liquor seizure
- driver liability
- criminal procedure
- section 103
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12142 of 2026
Arising Out of PS. Case No.-751 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Manoj Nagar Son of Sarjeet Singh @ Sarjeet Nagar Resident of Village-
Jagatpur, P.S.- Timarpur, District- North Delhi (Delhi- 110084) (District has
been wrongly mentioined in F.I.R.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Jha, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 751 of 2025, instituted for the offences punishable
under Section 30(a), 32(i), 32(3), 42(i) and 42(ii) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 133.410
liters liquor was recovered from car. Petitioner was arrested on
the spot.
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
Patna High Court CR. MISC. No.12142 of 2026(2) dt.23-02-2026
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counsel further submitted that the petitioner is driver of the
vehicle and he has no knowledge regarding the goods loaded in
the vehicle. The petitioner is in custody since 14.12.2025 and
has got no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
751 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
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3/3
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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