Patna High Court

Manoj Prasad @ Loha SinghversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Manoj Prasad, was arrested for alleged possession of 16 litres of country-made liquor, violating Sections 30(a) and 37 of the Bihar Prohibition and Excise Act. He claimed innocence, stating no liquor was found in his direct possession and that the recovery was from a public area. The State opposed bail, while the petitioner highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. After considering the facts, the court decided to grant bail, subject to a bond of Rs. 15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses. The bail order was issued pending framing of charges.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application
Whether the circumstances of the arrest and custody justify denial of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition and excise
liquor possession
Section 30(a)
Section 37
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13115 of 2026
                    Arising Out of PS. Case No.-321 Year-2025 Thana- ARERAJ District- East Champaran
                 ======================================================
                 Manoj Prasad @ Loha Singh S/o Hari Raut Resident of Vill-Areraj, Ward No-
                 10, P.S.-Areraj, Dist- East Champaran
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sitesh Kashyap, Advocate
                 For the Opposite Party/s :        Mr.Md. Iftekhar Mahmood, 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 Areraj

                   P.S. Case No. 321 of 2025, instituted for the offences punishable

                   under Sections 30(a) and 37 of the Bihar Prohibition and Excise

                   Act.

                                3. The prosecution case, in short, is that total 16 liters

                   of country made liquor was recovered from jute bag. The

                   petitioner was in drunken state and he has been 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
Patna High Court CR. MISC. No.13115 of 2026(2) dt.24-02-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner further submitted that the recovery has been

          made from open place, which is accessible to public at large.

          The petitioner is in custody since 31.12.2025 and has got seven

          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, after framing

          of charge, if not already framed, 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 Areraj P.S. Case No. 321 of 2025,

          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.
           Patna High Court CR. MISC. No.13115 of 2026(2) dt.24-02-2026
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                                   (III) The petitioner shall not tamper with the

                     prosecution 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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