Patna High Court
Manish Kumar @ Manish Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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
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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
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