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