Patna High Court

Manish KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, ordering release on bond with specified conditions.

Summary

The petitioner, Manish Kumar, was arrested on 31-12-2025 after 220 litres of liquor were recovered from an e‑rickshaw, and charged under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was neither the owner nor driver of the vehicle and that no incriminating material was found in his possession. The State opposed bail, while the petitioner’s counsel highlighted his clean record, lack of compliance with Section 103 of the B.N.S.S., 2023, and the fact that a co‑accused had already been bailed. The Court, considering the circumstances and the length of custody, decided to grant bail. The order released the petitioner on a bail bond of Rs.15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act for the alleged offences.
Whether the petitioner’s lack of incriminating material and clean record justify bail.
Whether compliance with Section 103 of the B.N.S.S., 2023 is a prerequisite for bail.

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
excise
liquor possession
Bihar Prohibition and Excise Act
criminal procedure
Section 103 B.N.S.S., 2023
e‑rickshaw

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13057 of 2026
                       Arising Out of PS. Case No.-4490 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Manish Kumar S/o Sri Ramchandra Prasad @ Ram Chandra Prasad R/o -
                 Ghaghaghat, Sultanganj, Mahendru, Ward no. 49, P.S - Sultanganj, District -
                 Patna

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Ram Jiban Pd Singh, Advocate
                 For the Opposite Party/s :         Mr.Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                      Heard learned counsel for the petitioner and

                   learned APP for the State.

                               2. The petitioner seeks bail in Excise Patna P.S.

                   case No. 4490 of 2025 instituted for the offences under

                   Section 30(a), 41 and 56(b) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that 220 liters

                   liquor was recovered from e-rickshaw and the petitioner

                   was arrested on 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
Patna High Court CR. MISC. No.13057 of 2026(2) dt.25-02-2026
                                            2/3




          recovered from the conscious possession of the petitioner.

          It is further submitted that the petitioner is neither owner

          nor driver of the vehicle. The petitioner has got no concern

          with the alleged recovery of liquor. The petitioner is in

          custody since 31.12.2025 and has got no criminal

          antecedent. There is no compliance of Section 103 of

          B.N.S.S., 2023. Co-accused has been granted bail by this

          Bench vide order dated 12.02.2026 passed in Cr. Misc. No.

          9117 of 2026.

                      5. Learned A.P.P. 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/- (Fifteen thousand) with

          two sureties of the like amount each to the satisfaction of

          Court below/concerned Court in connection with Excise

          Patna P.S. case No. 4490 of 2025, subject to the following

          conditions:
           Patna High Court CR. MISC. No.13057 of 2026(2) dt.25-02-2026
                                                       3/3




                                  (I) One of the bailors shall be own/close member

                     of the family of the petitioner.

                                  (II) The petitioner shall appear on each and every

                     date fixed at the trial. In case of default in such appearance

                     on two consecutive dates, the Trial Court will have liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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