Created by Fuzzy Cloud

Patna High Court

Manish Kumar @ Manish Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the accused was not the owner or driver of the vehicle and no incriminating material was found on him, subject to standard bail conditions.

Summary

Manish Kumar was arrested at Bhabhua Excise Police Station after 121.560 litres of liquor were recovered from a vehicle in which he was seated. He was charged under Sections 30(a), 32(1)(3) and 41(1)(2) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he was neither the owner nor driver of the vehicle and that no incriminating material was found in his possession, while also noting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. The Court, considering the facts, the petitioner’s lack of knowledge of the goods, and his period of custody, decided to grant bail subject to monetary surety and conditions regarding appearance and non‑interference with witnesses.

Issues considered

  • Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act offences.
  • Whether the absence of incriminating material in the accused’s possession justifies bail.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • criminal procedure
  • Section 103
  • non‑owner driver
  • antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12955 of 2026
                  Arising Out of PS. Case No.-35 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Manish Kumar @ Manish Kumar Singh Son of Late Sitaram Singh R/o
                 Village - Dangarha, P.S.- Mejarganj, District - Sitamarhi, Bihar.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Aquaib Khan, Advocate
                 For the Opposite Party/s :        Mr.Sanjay Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Bhabhua Excise P.S. Case No. 35 of 2026, instituted for the

                   offences punishable under Sections 30(a), 32(1)(3) and 41(1)(2)

                   of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 121.560

                   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 counsel
Patna High Court CR. MISC. No.12955 of 2026(2) dt.24-02-2026
                                            2/3




          further submitted that the petitioner was neither owner nor

          driver of the vehicle. The petitioner was found sitting in the car

          and he has no knowledge regarding nature of goods loaded on

          the vehicle. The petitioner is in custody since 20.01.2026 and

          has got four criminal antecedents. 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 Bhabhua Excise P.S.

          Case No. 35 of 2026, 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
           Patna High Court CR. MISC. No.12955 of 2026(2) dt.24-02-2026
                                                       3/3




                     evidence or influence/intimidate any witness during 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.