Patna High Court

ManiruddinversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners subject to bond and conditions.

Summary

Maniruddin and Md. Sahil were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 525.240 litres of foreign liquor were recovered from a pickup van they were driving. The petitioners contended that they were unaware of the illicit liquor, had no incriminating material in their possession, and possessed no prior criminal record. They also argued that the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed the bail application. Considering the lack of direct evidence, the petitioners' clean record, and the procedural lapse, the Court granted bail on a bond of Rs.15,000 each with two sureties and imposed conditions regarding family surety and regular court appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the BNSS, 2023, warrants bail.
Whether the accused are likely to flee or tamper with evidence.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition and excise
foreign liquor
Section 30(a)
Section 103 BNSS
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14104 of 2026
                        Arising Out of PS. Case No.-38 Year-2026 Thana- Excise P.S. District- Jamui
                 ======================================================
           1.     Maniruddin S/O Md. Akbar Alam R/O Village- Chhedadih, P.S- Katrasdih,
                  Distt.- Dhanbad, Jharkhand.
           2.    Md. Sahil S/O Md. Alam R/O Village- Khudandih, P.S- Katrasdih, Distt.-
                 Dhanbad, Jharkhand.


                                                                                      ... ... Petitioner/s
                                                         Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Madan Mohan, Advocate
                 For the Opposite Party/s :         Ms. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   26-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with Jam PS

                   Case No. 38 of 2026 instituted for the offences under Section

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

                           3.       The prosecution case, in short, is that 525.240 liters

                   foreign liquor was recovered from pickup van.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.14104 of 2026(2) dt.26-02-2026
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          got no concern with the alleged recovery of liquor.              It is

          submitted that names of the petitioners have surfaced in this

          case as being driver and co-driver of the vehicle in question and

          they were oblivious of the fact that illicit liquor was laden in the

          vehicle. The petitioners are in custody since 07.01.2026 and

          have got no criminal antecedent/s. There is no compliance of

          Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                   7.     Let the petitioners be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Jam PS Case No. 38

          of 2026, subject to the following conditions:

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

          family of the petitioners.

                  (II) The petitioners 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
           Patna High Court CR. MISC. No.14104 of 2026(2) dt.26-02-2026
                                                       3/3




                     bail bonds of the petitioners.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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