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Patna High Court

Manish Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Manish Kumar Yadav was arrested on 9 January 2026 after 457.92 litres of liquor were recovered from a Bolero vehicle in Ekma, Saran. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passenger, had no knowledge of the goods, possessed no incriminating material, and had no prior criminal record, also noting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the lack of direct evidence against the petitioner and the length of his custody, decided to grant bail. He was released on a bail bond of Rs. 15,000 with two sureties of the same amount each.

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 with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12959 of 2026
                           Arising Out of PS. Case No.-5 Year-2026 Thana- EKMA District- Saran
                 ======================================================
                 Manish Kumar Yadav S/O Murari Yadav Village- Tajpur, Ps- Manjhi, District-
                 Saran
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :        Mr.Mritunjay Kumar Nirala, 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 Ekma

                   P.S. Case No. 05 of 2026, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 457.920

                   liters liquor was recovered from Bolero vehicle. 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

                   further submitted that the petitioner was neither owner nor
           Patna High Court CR. MISC. No.12959 of 2026(2) dt.24-02-2026
                                                       2/2




                     driver of the vehicle and he has no knowledge regarding nature

                     of goods loaded on the vehicle. The petitioner is in custody

                     since 09.01.2026 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 Ekma P.S. Case No.

                     05 of 2026.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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